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|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...
|New FMLA Regulations Provide Guidance on Military Leave Obligations and Also Clarify Employer and Employee Rights and Responsibilities under the FMLA|
Deborah Samuels Freeman, Jessica S. Boar; Bingham McCutchen LLP;
December 18, 2008, previously published on November 21, 2008On November 17, 2008, the United States Department of Labor published its final rule implementing the National Defense Authorization Act ("NDAA"), the law amending the Family and Medical Leave Act ("FMLA") to allow family members military leave.
|Wages Earned in California are Subject to the California Labor Code|
Colette M. Koby; Miller & Martin PLLC;
December 18, 2008, previously published on November 2008The California Court of Appeals recently held that an employer must pay overtime wages to employees who qualify based on California's Labor Code regardless of whether they are residents of California or not.
|New Jersey Issues Paid Family Leave Notice to be Posted and Distributed to All Employees by December 15th|
John P. Barry, Wanda L. Ellert; Proskauer Rose LLP;
December 18, 2008, previously published on November 2008The Department has issued proposed regulations under the Paid Family Leave Law, which should be final in early December.
|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.
|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...
|Federal Circuit Strikes down DOD Preferences for Minority Contractors as Unconstitutional; Consequences Uncertain|
John W. Chierichella, Bruce Shirk, David S. Gallacher; Sheppard, Mullin, Richter & Hampton LLP;
December 18, 2008, previously published on November 17, 2008On November 4, 2008, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Rothe Development Corporation v. Department of Defense, No. 2008-1017, 2008 WL 4779586, holding that:
|Layoffs and PERM|
Kramer Levin Naftalis & Frankel LLP;
December 17, 2008, previously published on November 2008You all know that the country is reeling from widespread layoffs in almost every industry, including financial services, automotive, housing, and manufacturing.
|FMLA Regulations Released|
C. Elaine Howard, D. Elaine Conway; Jackson Walker L.L.P.;
December 17, 2008, previously published on November 20, 2008The Department of Labor has released its long awaited final revised regulations implementing the Family and Medical Leave Act (FMLA).
|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).