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|What Every Company in the Natural Resources Industry Should Know About U.S. Immigration Law|
Douglas Halpert; Dinsmore & Shohl LLP;
December 18, 2008, previously published by The State Journal on November 21, 2008In 1986, spurred by an outcry against a wave of illegal immigration, the U.S. Congress enacted the Immigration Reform and Control Act ("IRCA").
|U.S. Homeland Security's "No Match" Supplemental Final Rule on Undocumented Workers|
Patricia Barrett; Blank Rome LLP;
December 18, 2008, previously published on November 2008The 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.
|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.
|The GAO Holds That the FAR "Rule of Two" Applies to Task and Delivery Orders under Multiple-Award IDIQ Contracts|
Brian A. Bannon, Albert B. Krachman, James S. W. Drewry, Jimmy R. Howell; Blank Rome LLP;
December 18, 2008, previously published on November 2008Once Congress amended the Federal Acquisition Streamlining Act (FASA) to permit protests of Task Orders exceeding $10 million, it was inevitable that new legal developments would emerge.
|Visa Processing Changes in Canada and Mexico|
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
December 18, 2008, previously published by Immigration eAuthority on November 20, 2008U.S. Consulates in Canada and Mexico have a long history of processing Third Country National (TCN) visa applications for H-1B, L-1, O-1 and other employment-related visa categories.
|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.
|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...
|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.
|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:
|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.