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Adobe PDFThe Employee Free Choice Act: Unions Are Knocking at Your Workplace Door
Scott T. Silverman; Akerman Senterfitt;
Legal Alert/Article
December 18, 2008, previously published on November 18, 2008
Employers 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.

 

Adobe PDFThe FMLA Undergoes Substantial Changes
Ana Laura Olman; Akerman Senterfitt;
Legal Alert/Article
December 18, 2008, previously published on November 21, 2008
On 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.

 

HTMLWages Earned in California are Subject to the California Labor Code
Colette M. Koby; Miller & Martin PLLC;
Legal Alert/Article
December 18, 2008, previously published on November 2008
The 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.

 

HTMLFederal 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;
Legal Alert/Article
December 18, 2008, previously published on November 17, 2008
On 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:

 

HTMLU.S. Homeland Security's "No Match" Supplemental Final Rule on Undocumented Workers
Patricia Barrett; Blank Rome LLP;
Legal Alert/Article
December 18, 2008, previously published on November 2008
The U.S. Department of Homeland Security (DHS) reaffirmed regulations on October 28, 2008, which "encourage" employers to take significant steps to avoid liability for "knowingly" hiring an undocumented worker.

 

HTMLADA 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;
Legal Alert/Article
December 18, 2008, previously published on November 2008
On September 25, 2008, the Americans with Disabilities Amendments Act of 2008 (ADAAA or the Act), was signed into law.

 

Adobe PDFLast Chance for Deferred Compensation Compliance
Laraine S. Rothenberg, Amy Loren Blackman, Mindy Meyers, Todd McCafferty; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article
December 18, 2008, previously published on November 21, 2008
Employers 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...

 

Adobe PDFLayoffs and PERM
Kramer Levin Naftalis & Frankel LLP;
Legal Alert/Article
December 17, 2008, previously published on November 2008
You all know that the country is reeling from widespread layoffs in almost every industry, including financial services, automotive, housing, and manufacturing.

 

HTMLFMLA Regulations Released
C. Elaine Howard, D. Elaine Conway; Jackson Walker L.L.P.;
Legal Alert/Article
December 17, 2008, previously published on November 20, 2008
The Department of Labor has released its long awaited final revised regulations implementing the Family and Medical Leave Act (FMLA).

 

HTMLIRS Guidance Provides Warning on Funding Business Startups with Retirement Accounts
Parker Poe Adams & Bernstein LLP;
Legal Alert/Article
December 17, 2008, previously published on November 21, 2008
The 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.

 


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