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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:

 

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...

 

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.

 

HTMLNew 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;
Legal Alert/Article
December 18, 2008, previously published on November 21, 2008
On 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.

 

HTMLMaryland 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;
Legal Alert/Article
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...

 

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 PDFNew 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;
Legal Alert/Article
December 18, 2008, previously published on November 2008
The Department has issued proposed regulations under the Paid Family Leave Law, which should be final in early December.

 

HTMLBusiness Travelers Must Register to Enter United States
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 18, 2008, previously published on November 20, 2008
Certain 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.

 

HTMLThe 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;
Legal Alert/Article
December 18, 2008, previously published on November 21, 2008
Based 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...

 


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