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|4th Circuit - Conduct Not Directed at Plaintiff May Support Claim of Hostile Environment|
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 21, 2008, previously published on November 24, 2008In order to successfully support a claim of hostile work environment under Title VII, an employee must show that the offending conduct was "sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work environment."
|DOL Issues Final Regulations for FMLA|
Elarbee, Thompson, Sapp & Wilson, LLP;
December 21, 2008, previously published on November 18, 2008On November 17, 2008, the United States Department of Labor ("DOL") issued new Final Regulations interpreting the Family and Medical Leave Act ("FMLA") replacing the regulations issued in 1995.
|D.C. Circuit Temporarily Delays Direct Observation Requirement for DOT Return-to-Duty and Follow- Up Drug and Alcohol Testing|
Catherine Derdeyn Little, Robert E. Hogfoss, Brigham A. McCown; Hunton & Williams LLP;
December 21, 2008, previously published on November 2008On November 12, 2008, the U.S. Court of Appeals for the D.C. Circuit temporarily delayed the requirement for Department of Transportation (DOT) mandatory direct observation (DO) return-to-duty and follow-up drug testing, that ordinarily would apply to all DOT-regulated employers.
|Ninth Circuit Holds that California Labor Laws Apply to Work Performed Within California by Nonresident Employees|
Payne & Fears LLP;
December 21, 2008, previously published on November 13, 2008Three employees of the Oracle Corporation, instructors who trained customers to use Oracle software, sued the company for failure to pay overtime wages.
|Employers Beware: Change Is In the Air|
Francine Wilkins Breckenridge; Strasburger & Price, LLP;
December 21, 2008, previously published on November 12, 2008 Now that the election dust has settled, employers need to gear up for potential major changes in labor and employment law.
|SEC Provides 2nd Year Observations on Executive Compensation Disclosure|
Edward C. Normandin; Pryor Cashman LLP;
December 21, 2008, previously published on November 20, 2008In a recent speech, John W. White, Director of the SEC's Division of Corporation Finance, provided his second year observations on the adequacy of executive compensation disclosures by public companies.
|No Privacy for Employee Info on Office Computers|
Patrick T. Collins, Fernando M. Pinguelo, Keya C. Denner; Norris McLaughlin & Marcus, P.A. [incorporation phrase format]A Professional Corporation;
December 21, 2008, previously published on November 2008In a case of first impression in New Jersey that has potential ramifications for New Jersey employers and employees alike, an appellate court recently upheld the warrantless search of office computers used by an employee to store information relating to his theft of over $650,000 fromthe company.
|SEC Proposes Roadmap for Mandatory Use of IFRS by U.S. Public Companies|
Elizabeth Carroll Southern; Womble Carlyle Sandridge & Rice, PLLC;
December 21, 2008, previously published on November 25, 2008The Securities and Exchange Commission (the "SEC") earlier this month published a proposed "roadmap" for the potential future use by U.S. issuers of financial statements prepared in accordance with International Financial Reporting Standards ("IFRS") in their SEC...
|Treasury Department Issues Final CFIUS Regulations Implementing Exon-Florio Amendment|
Paul O. Gagnier, Carl Valenstein, Rebecca Hartley, Suzanne Spaulding; Bingham McCutchen LLP;
December 21, 2008, previously published on November 25, 2008On November 21, 2008, the Treasury Department, Office of Investment Security, published final regulations in the Federal Register implementing the changes made by the Foreign Investment and National Security Act of 2007 ("FINSA") to the Exon-Florio Amendment, Section 721 of the Defense...
|Compliance Deadline for Code Section 409A is December 31, 2008|
Krieg DeVault LLP;
December 21, 2008, previously published on November 2008Over the past four years we have kept you up to date on the evolving world of nonqualified deferred compensation in light of Internal Revenue Code Section 409A.