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HTMLThe Wait Is Over: Much Anticipated New FMLA Regulations Are Here!
Daniel B. Gilmore, Sonya R. Madison; Miller & Martin PLLC;
Legal Alert/Article
December 18, 2008, previously published on November 2008
Today, the U.S. Department of Labor's Wage and Hour Division (DOL) published its long awaited Family and Medical Leave Act (FMLA) final rule in the Federal Register.

 

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.

 

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.

 

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:

 

HTMLWhat Does EESA Mean for Average Citizens and Small Business Owners?
Richard J. Firfer; Much Shelist Denenberg Ament & Rubenstein, P.C.;
Legal Alert/Article
December 18, 2008, previously published on November 12, 2008
Although the Emergency Economic Stabilization Act (EESA) is principally aimed at having the government work with financial institutions to restore order in the marketplace, there are also very important provisions intended to have an immediate, specific impact on individuals and small businesses.

 

HTMLVisa Processing Changes in Canada and Mexico
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 18, 2008, previously published by Immigration eAuthority on November 20, 2008
U.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.

 

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.

 

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.

 

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.

 

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.

 


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