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COBRACOBRA Subsidy Extended.Just in time for the holidays, and as part of the 2010 appropriations bill for the Defense Department (the Act), President Barack Obama today signed into law an extension to the subsidy for COBRA created by the American Recovery and Reinvestment Act (ARRA). The legislation extended the period during which involuntary terminations would trigger subsidy eligibility, as well as expanding the duration of the subsidy. Employers and plan administrators also will face new notice and administrative requirements to implement the subsidy extension on a retroactive basis. Below are a few of the highlights. Ogletree Deakins - December 24, 2009 IMMIGRATIONImmigration eAuthority (December 2009)2010 H-1Bs Nearly Gone; Compliance Corner: ICE Policy on I-9 Audits; The Year in Review – 2009 Compliance Recap; Preparing for 2010 – Compliance and Reform?
Ogletree Deakins - December 24, 2009 COBRACOBRA Subsidy Extended.The COBRA subsidy first provided by the American Reinvestment and Recovery Act of 2009 was extended on December 21, 2009. The extension was authorized by a provision in the 2010 Defense Appropriations Act (“Act”). Employers should become familiar with this extension and coordinate with their service providers to ensure appropriate steps are taken to implement the changes. Constangy, Brooks & Smith, LLP - December 24, 2009 COBRACOBRA Subsidy Provisions Extended And Expanded.On December 19, 2009, President Obama signed the Department of Defense Appropriations Act, 2010 (DDAA), which, among other things, extended and enhanced the COBRA premium subsidy established earlier this year. (See our prior reports from February 19, March 19 and April 8, 2009, regarding the COBRA subsidy.) The DDAA makes five important changes to the COBRA subsidy rules. Buchanan Ingersoll & Rooney PC - December 24, 2009 EMPLOYEE BENEFITSSEC Adopts Final Rule Requiring Enhanced Proxy Statement Disclosure About Risk, Compensation and Corporate Governance.On December 16, 2009, the SEC approved new rules requiring enhanced disclosures regarding risk management in relation to compensation policies, revisions to disclosure of a company's valuation of stock and option awards, and director and director nominee qualification disclosures, among other things. The rules will take effect on February 28, 2010. However, the SEC's adopting release and the SEC at the open meeting failed to provide detailed guidance on implementation of the effective date. We are currently interpreting the effective date to mean that the new rules apply to proxy statements filed on or after February 28, 2010, and not to proxy statements filed before that date for annual meetings after that date. It is not clear how this effective date will apply to preliminary and definitive proxy statements that straddle the February 28, 2010 date. We will continue to monitor this matter for further guidance from the SEC or the SEC staff. Baker Hostetler LLP - December 24, 2009 EMPLOYEE BENEFITSSEC Staff Provides Guidance on the Effective Date of New Rules Requiring Enhanced Proxy Statement Disclosure About Risk, Compensation and Corporate Governance.Yesterday, we published an Executive Alert on the SEC's new rules requiring enhanced disclosures regarding risk management in relation to compensation policies, revisions to disclosure of a company's valuation of stock and option awards, and enhanced director and director nominee qualification disclosures. See SEC Adopts Final Rule Requiring Enhanced Proxy Statement Disclosure About Risk, Compensation and Corporate Governance . Our Alert noted that the effective date of the new rules was February 28, 2010 but indicated that the adopting release and the SEC had failed to provide detailed guidance on implementation of the effective date. Baker Hostetler LLP - December 24, 2009 IMMIGRATIONH-1B Cap for Fiscal Year 2010 Has Been Reached.U.S. Citizenship and Immigration Services (USCIS) has announced that, as of December 21, 2009, there are sufficient cap-subject H-1B petitions in the pipeline to fill the fiscal year 2010 quota. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. Petitions received after December 21 will be rejected. Those cases received on December 21 will be subject to a computer-generated random selection process. Buchanan Ingersoll & Rooney PC - December 24, 2009 COBRAExtension of COBRA Subsidy.As was anticipated, legislation amending the American Recovery and Reinvestment Act of 2009 has been enacted that extends the eligibility period for the COBRA subsidy to February 28, 2010. In the absence of the amendment, the eligibility period would end December 31, 2009. In addition, the bill extends the duration of the subsidy from nine months to 15 months. Fredrikson & Byron, P.A. - December 24, 2009  CALIFORNIADowell v. Biosense Webster, Inc.: Overly Broad Restrictive Covenants and Questionable Litigation Choices Make for Difficult Outcomes.Continuing the recent flurry of decisions refining the edges of California's general prohibition against post-employment covenants not to compete, the Court of Appeal for the Second District of California issued its opinion in Dean Dowell v. Biosense Webster, Inc., 2009 Cal. App. LEXIS 1860 ("Biosense"). Without adding a great deal to the current body of California law governing post-employment restraints on trade, the opinion highlights the problems created by overly broad restrictive covenants and evidences the dangers of poor choices in trade secret litigation. The court's decision (in dicta) also undercuts the status of the so-called "common law trade secret exception" to California's prohibition on post-termination covenants not to compete. Littler Mendelson, P.C. - December 24, 2009 Affiliate Law Firm Press Releases Ford & Harrison Receives Top Client Service Honor.Clients of national labor and employment law firm Ford & Harrison LLP gave top reviews to the firm's commitment to quality client service, according to the annual Survey of Client Service Performance for Law Firms. The survey was compiled by the BTI Consulting Group (BTI), which ranked Ford & Harrison on their Client Service A-Team for the fifth year in a row. Ford & Harrison - December 23, 2009 Jackson Lewis Represents Oregon Associations in Challenge to Labor-Backed Oregon LegislationOn January 1, Oregon SB 519 – a law barring employers from conducting mandatory meetings or otherwise engaging in mandatory communications with employees about their views on whether employees should unionize – will go into effect. This law will substantially change the landscape of union organizing in Oregon’s workplaces, and - if not overturned - could set a precedent for labor law nationwide. Jackson Lewis - December 23, 2009
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January 12, 2010 Shaw Valenza LLPLittler Mendelson's Legal UpdateSan Diego
January 13, 2010 LittlerThe Employment Compliance Costs of Becoming a Government ContractorWebinar
January 13, 2010 LittlerHealth Law Webinar: HIPAA and HITECHWebinar
January 13, 2010 FredriksonMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
January 21, 2010 Littler2010 LEGAL UPDATEWebinar
January 22, 2010 Barker OlmsteadProcessing Garnishments: A Guide for Georgia EmployersWebinar
January 26, 2010 Fisher & PhillipsState of the Workforce Summit 2010Lakeland
January 28, 2010 Ford & HarrisonAnnual OSHA Recordkeeping Training & Workers' Compensation SeminarCollege Park
January 29, 2010 Constangy |
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