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|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.
|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...
|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.
|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 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...
|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.
|What Does EESA Mean for Average Citizens and Small Business Owners?|
Richard J. Firfer; Much Shelist Denenberg Ament & Rubenstein, P.C.;
December 18, 2008, previously published on November 12, 2008Although 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.
|The FMLA Undergoes Substantial Changes|
Ana Laura Olman; Akerman Senterfitt;
December 18, 2008, previously published on November 21, 2008On November 17, 2008, the Department of Labor's Wage and Hour Division published the first revision to the Family and Medical Leave Act ("FMLA") regulations since its enactment in 1993.
|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").
|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: