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HUMAN RESOURCESFacebook Pictures Cause Insurer to Revoke Benefits for Depressed Woman.
Thanks to Facebook, a Canadian insurance company has revoked the disability benefits of a woman who had been out of work for more than a year and a half due to depression. Former IBM employee Nathalie Blanchard, 29, claims that she called her insurance company when her monthly sick-leave checks stopped coming and was told that she was deemed as able to return to work based on what it had found on her Facebook page.
Young Conaway Stargatt & Taylor, LLP - November 20, 2009
IMMIGRATIONIndia Guidance on Its Visa Regimes May Create Major Change for Companies Doing Business in India.
As reported on Littler's Global Immigration Counsel Blog on November 5, 2009, the Government of India's (GOI) Ministry of Home Affairs (MHA) released guidance on permissible use of Business Visas and Employment Visas by foreign nationals visiting India. This development has significant implications for multinational corporations (MNCs) sending employees to India on short-term assignments. This article provides an update regarding this uncertain legal development based on feedback from companies whose employees have been directly affected by this situation.
Littler Mendelson, P.C. - November 20, 2009
IMMIGRATIONDeath's Dominion is Reduced in U.S. Immigration.
In the past, the death of the sponsor or "principal beneficiary" in an immigration process usually spelled the end of the alien's ability to immigrate based on that relationship. A new provision, slipped into the conference report of the recent DHS appropriations bill signed by President Obama on October 28, 2009, changes that. Anyone who has suffered the death of a relative through whom he or she hoped to immigrate should immediately contact competent counsel to determine if the opportunity might be salvaged.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 20, 2009
IMMIGRATIONICE Will Audit 1,000 More Employers, Reveals Schedule for Fines.
ICE announced interim results for the 650 I-9 audits it announced in July and announced it has begun 1,000 new audits nationwide with a focus on critical infrastructure and specific leads. Meanwhile, ICE finally revealed its new schedule for assessing fines for "knowing" and paperwork I-9 violations arising from the audits. DHS also announced a plan to encourage employers using E-Verify to publicize that participation to customers.
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 20, 2009
IMMIGRATIONICE Announces I-9 Audits of 1,000 Employers.
The Department of Homeland Security’s Immigration and Customs Enforcement (“ICE”) announced on November 19 that it would begin delivering I-9 audit notices immediately to approximately 1,000 employers across the country associated with critical infrastructure. From initial reports, it appears that the notices are primarily subpoenas for I-9 and supporting documentation.
Jackson Lewis LLP - November 20, 2009
AFFIRMATIVE ACTIONOFCCP to Continue Using Corporate Scheduling Announcement Letters...For Now.
Jackson Lewis has learned that the Office of Federal Contract Compliance Programs will continue using Corporate Scheduling Announcement Letters (CSALs). Patricia Shiu, OFCCP’s new Director, has shared that OFCCP will send CSALs to federal contractors at least for the current OFCCP fiscal year, which runs from October 1, 2009 through September 30, 2010.
Jackson Lewis LLP - November 20, 2009
HUMAN RESOURCESPerils of Laoyffs, Reduced Workweeks and Other Payroll Reductions Measures.
Today's difficult economic and financial climate has many companies considering various cost-cutting measures, including layoffs, reduced workweeks, pay reductions and voluntary furloughs. These actions raise wage and hour questions that often are overlooked. The unwary employer may reduce payroll costs but wind up with a wage and hour lawsuit as a result. The good news is that a well-informed employer can avoid such risks.
Vedder Price - November 20, 2009

Federal Employment Law Article Index »

CALIFORNIAThe Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California.
In Schachter v. Citigroup, Inc.,1 the California Supreme Court rejected claims that an incentive plan that conditioned the earning of restricted stock based on continued service was unlawful where the employee voluntarily elected to participate in the plan, and the employee quit before the date on which the incentive was earned. The plan was lawful even though the incentive plan was funded from wages that the employee would have otherwise received in cash. With this decision, the California Supreme Court joined the courts of six other states that had concluded the Citigroup Capital Accumulation Plan complied with each state’s respective wage payment laws.
Littler Mendelson, P.C. - November 20, 2009

State Employment Law Article Index »

Affiliate Law Firm Press Releases
Pittsburgh Immigration Attorney Ellen Freeman to Serve as Discussion Group Leader at 39th Annual World Affairs Institute
Ellen Freeman, counsel in the Immigration Section of Buchanan Ingersoll & Rooney's Pittsburgh office, will participate in the 39th annual World Affairs Institute, "Europe at a Crossroads," taking place Wednesday, November 18, 2009, at the David L. Lawrence Convention Center in downtown Pittsburgh.
Buchanan Ingersoll - November 18, 2009
Phelps Dunbar Mississippi Attorneys Recognized by Super Lawyers Magazine.
Phelps Dunbar attorneys in the firm's Jackson and Tupelo offices were recently recognized in the 2009 Mid-South Super Lawyers publication.
Phelps Dunbar - November 17, 2009

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