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|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:
|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.
|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.
|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.
|Maryland Tax Court Finds Corporation's Out-of-State Subsidiaries Subject to Maryland Corporate Income Tax|
Joseph T. Gulant, Robert P. Harrill, Michael J. Semes; Blank Rome LLP;
December 18, 2008, previously published on November 2008 The Maryland Tax Court put a gloss on the Maryland Supreme Court's SYL/Crown Cork decision in finding that two subsidiaries of a Maryland taxpayer were subject to Maryland Corporate Income Tax because the subsidiaries lacked economic substanceżeven though the subsidiaries conducted no business and...
|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.
|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.
|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 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...