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|The FMLA Undergoes Substantial Changes|
Ana Laura Olman; Akerman Senterfitt;
December 18, 2008, previously published on November 21, 2008On November 17, 2008, the Department of Labor's Wage and Hour Division published the first revision to the Family and Medical Leave Act ("FMLA") regulations since its enactment in 1993.
|ADA Amendments Act of 2008: The Expansion of the Americans with Disabilities Act|
Amy L. Berecek, Lisa Carney Eldridge, Barry R. Elson, Jeffrey R. Gordon, Ellen P. Milcic, Kurt A. Miller, Megan L. Palumbo, Richard V. Sica, Robert H. Shoop, Dennis Buffone; Thorp Reed & Armstrong, LLP;
December 18, 2008, previously published on November 2008On September 25, 2008, the Americans with Disabilities Amendments Act of 2008 (ADAAA or the Act), was signed into law.
|Business Travelers Must Register to Enter United States|
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 18, 2008, previously published on November 20, 2008Certain business travelers from Europe, Singapore, Australia, New Zealand and Japan need to take note of a new registration requirement to enter the United States starting January 12.
|The Employee Free Choice Act: Unions Are Knocking at Your Workplace Door|
Scott T. Silverman; Akerman Senterfitt;
December 18, 2008, previously published on November 18, 2008Employers beware: pending legislation will make it possible for unions to organize a workplace without ever having a union election and will allow arbitrators to set the terms and conditions of labor contracts if workers and management cannot agree.
|The ADA's Rebirth: Complying with the ADA Amendments of 2008|
Arthur T. Carter, Matthew T. Deffebach, Felicity A. Fowler, Melissa M. Goodman, Laura E. O'Donnell, Dean J. Schaner, William C. Strock, Jonathan C. Wilson; Haynes and Boone, LLP;
December 18, 2008, previously published on November 21, 2008Based on several new amendments to the Americans with Disabilities Act (ADA), the statute has been reborn - it offers vastly expanded coverage to a wide variety of employee physical and mental impairments and will require employers to focus on creating and offering reasonable accommodations to...
|What Does EESA Mean for Average Citizens and Small Business Owners?|
Richard J. Firfer; Much Shelist Denenberg Ament & Rubenstein, P.C.;
December 18, 2008, previously published on November 12, 2008Although the Emergency Economic Stabilization Act (EESA) is principally aimed at having the government work with financial institutions to restore order in the marketplace, there are also very important provisions intended to have an immediate, specific impact on individuals and small businesses.
|Last Chance for Deferred Compensation Compliance|
Laraine S. Rothenberg, Amy Loren Blackman, Mindy Meyers, Todd McCafferty; Fried, Frank, Harris, Shriver & Jacobson LLP;
December 18, 2008, previously published on November 21, 2008Employers must act by the end of the year to bring their deferred compensation plans and arrangements into compliance with Section 409A of the Internal Revenue Code of 1986, as amended, Inclusion in Gross Income of Deferred Compensation Under Nonqualified Deferred Compensation Plans ("Section...
|Section 409A Documentary Compliance Deadline Fast Approaching|
David P. Doyle, Sabino Rodriguez, Joseph R. Simone, Susan M. Szafranski, Jennifer M. Miani, Erek M. Sharp, Stephen Ziobrowski; Day Pitney LLP;
December 17, 2008, previously published on November 19, 2008 As you are aware, Section 409A of the Internal Revenue Code governs the taxation of deferred compensation broadly defined to encompass most compensation earned in one year and paid in a later year (excluding amounts under qualified plans).
|IRS Guidance Provides Warning on Funding Business Startups with Retirement Accounts|
Parker Poe Adams & Bernstein LLP;
December 17, 2008, previously published on November 21, 2008The IRS recently released guidance on what it refers to as Rollovers as Business Startups or "ROBS," which have been designed (often by promoters) for individuals to use retirement funds to purchase a business (such as a franchise) or provide business capital to a new corporation.
|New Massachusetts Regulations Require Security Protocols and Encryption for All Organizations Handling Personal Information Effective May 1, 2009 (201 CMR 17.00)|
Day Pitney LLP;
December 17, 2008, previously published on November 18, 2008Under new regulations, each entity that owns, licenses, stores, or maintains personal information about a Massachusetts resident in either electronic or paper form must have a comprehensive written information security program.