Labor & Employment Law

Timely Labor & Employment Law information: news & analysis from the lawyers, firms and professionals publishing on JD Supra.

FEATURED News

Unemployment Insurance and COBRA Extension Due to Expire
Virginia L. Hunt

Unless lawmakers in Washington act by February 28, 2010, the jobs bill passed in December that extended long-term unemployment insurance benefits and that gave a COBRA extension will expire. Please see full alert below for more... more

EFCA by Fiat? What a Becker Confirmation to the NLRB Could Mean for Employers
Ford & Harrison LLP
Third Party Liability in Construction Accident Avoids Limits of Workers Compensation Laws
Collins & Collins, P.C.
Ninth Circuit Rules No Compensatory/Punitive Damages, No Jury Trial in ADA Retaliation Claims
Williams Kastner

	Latest Filings and Decisions
	Violence & Harassment Prevention Bill 168 Checklist to Help Employers in Ontario Cézanne Charlebois Employers in Canada are obligated under the general due diligence clauses of the provincial occupational health and safety legislation and the Canada Labour Code to protect employees from violence and harassment in the...... more
	In re deCODE genetics, Inc. Motion to Reject Change in Control Benefit Plan Randall Reese On New Year's Eve, deCODE genetics, Inc., which filed for chapter 11 protection on November 16, 2009, sought court authority to reject a Change in Control Benefit Plan for the company's managerial employees. deCODE genetics intends to...... more
	Milwaukee Deputy Sheriffs' Association, Mark Zidek and Ilir Sino v. David A. Clarke, Jr., Edward Bailey and Milwaukee County Decision Linda Vanden Heuvel Decision ... more

	Most Recent Articles
	Wage and Hour Collective Actions Against Employers Continue to Grow/ Williams Kastner Labor & Employment Advisor Williams Kastner As has been underscored at recent Williams Kastner Labor and Employment Practice Group seminars and in articles, the economic downturn has led to an explosion of wage and hour actions by plaintiffs’ attorneys. Here are some recent...... more
	EEOC Announces Results for 2009/ Williams Kastner Labor & Employment Advisor Williams Kastner On January 6, 2010, the U.S. Equal Employment Opportunity Commission (EEOC) announced its results for Fiscal Year (FY) 2009. See http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm. This article, authored by labor law attorney...... more
	Ninth Circuit Overturns Trust Fund’s Refusal to Pay Benefits/ Williams Kastner Labor & Employment Advisor Williams Kastner The Labor and Employment Practice Group of Williams Kastner has seen a sharp increase in trust fund litigation against union signatory employers, and also a refusal by trust funds to pay benefits on behalf of participating owners under...... more

	Administrative Law
	H-1B Admissions at Newark, NJ Airport – Port Of Entry (POE) Nachman & Associates, P.C. The AILA U.S. Customs and Border Protection (“CBP”) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving...... more
	Immigration Insights (January 2010) Dinsmore & Shohl LLP IN THIS ISSUE: "Administrative Processing" in U.S. Visa Applications PERM Processing Times Updated BIA Decision in Matter of Neto Renews Hope for Many in Removal Proceedings Eleven New Countries Eligible for H-2A and H-2B...... more
	Management Update - January 2010 Ford & Harrison LLP In This Update: Court OKs Verdict Against Restaurant for Managers' Access of MySpace Account U.S. Supreme Court to Review Text Messaging Case *President Extends COBRA Subsidy Under New Department of Defense Appropriations...... more

	Commercial Law & Contracts
	Employment Agreement Shortening Statute of Limitation Is Invalid Sheppard Mullin Richter & Hampton LLP In Maria Pellegrino, et al. v. Robert Half International, Inc., the plaintiffs were former employees who sued for unpaid overtime, violation of meal and rest period rules, failure to pay commissions, and failure to provide accurate pay...... more
	ESOP Benefit Distributions - A Little Guidance on Financial Disclosure Sheppard Mullin Richter & Hampton LLP In a recent California case, Balsley v. Delta Star Employee Stock Ownership Plan, the U.S. District Court in San Francisco added a little flesh to the bare bones questions of what if any financial disclosure must a company make to ESOP...... more
	IRS Establishes Voluntary Correction Program Under Code Section 409A Miller & Martin PLLC Earlier this month the Internal Revenue Service established a correction program which, under certain conditions, allows employers to bring employment agreements and other nonqualified deferred compensation arrangements into compliance...... more

	Health
	Secondary Payor Requirements May Impact Settlements/Williams Kastner Labor & Employment Advisor Williams Kastner In the waning days of 2007, with the cost of health care continually escalating and with more and more of the costs being borne by the United States Government, Congress passed and President Bush signed into law the Medicare, Medicaid...... more
	Interim Final Regulations (Finally) for the Mental Health Parity Act Ford & Harrison LLP Three months ago, we asked: "Where O Where are the Regulations for the Mental Health Parity Act?" (Legal Alert, 10/9/2009) On January 29, 2010, the Departments of Health and Human Services, Labor, and Treasury finally heard our...... more
	Family and Medical Leave Act Katz, Friedman, Eagle, Eisenstein, Johnson &... The Family and Medical Leave Act (“FMLA”) gives covered employees the right to take unpaid time off of work to care for themselves or an immediate family member who has an illness or condition that is covered under the Act. Please...... more

	Immigration
	Appeals Court Rejects Key Provisions of Oklahoma Immigration Law McAfee & Taft Yesterday’s ruling by a federal appeals court stops enforcement of key portions of Oklahoma’s sometimes controversial immigration law known as House Bill 1804. First, a brief history: House Bill 1804 went into effect on November 1,...... more
	39 Countries Now Eligible for H-2A & H-2B Visa Programs Robert Kraft The Department of Homeland Security (DHS) Secretary Janet Napolitano designated 11 new countries to be eligible to participate in the H-2A and H-2B visa programs. The H-2A and H-2B visa programs allow U.S. employers to bring foreign...... more
	H-1B Season is Almost Upon Us... Other Options for H-1B Losers! Nachman & Associates, P.C. Recently, another aspect of the H-1B visa process has become the "site visit". H-1B employers should be familiar with the site visit process and procedure and be sure to prepare public access files for review by potential DOL, CIS or...... more

	Taxes
	Reminder: Information Statements Due by February 1, 2010, for 2009 Incentive Stock Options and Employee Stock Purchase Plan Transactions; New Disclosure Rules will Apply to 2010 Transactions Morrison & Foerster LLP This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide information...... more
	New Standard Mileage Rate for 2010 Sheppard Mullin Richter & Hampton LLP Every year, the Internal Revenue Service releases an optional standard mileage rate. Employers often use this standard to calculate the amount they will reimburse employees for using a personal vehicle in the scope of their...... more
	IRS Releases Notice 2010-6, Offering Opportunities to Avoid or Reduce Adverse Tax Consequences with the Correction of Inadvertent Documentary Violations of Section 409A Morrison & Foerster LLP On January 5, 2010, the Internal Revenue Service issued Notice 2010-6, offering opportunities for companies to correct non-compliant deferred compensation documents and avoid certain penalties that would otherwise apply under Internal...... more

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Labor & Employment Law

FEATURED News

Latest Filings and Decisions

Most Recent Articles

Administrative Law

Commercial Law & Contracts

Health

Immigration

Taxes