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HUMAN RESOURCESAuto Dealership Update: Round Up The Usual Suspects.
Over the last year, dealers have devoted most if not all of their attention to keeping their dealerships afloat. They've spent time cutting staff, combining job duties and slashing costs as they watched extraordinary events unfold in the automobile industry. That has not left much time to study what else is going on around them.
Fisher & Phillips, LLP - November 06, 2009
HUMAN RESOURCESHow Often Should Employees Check E-Mail After Hours?
If you’re an associate at the law firm Quinn Emanuel, the answer is “very, very often.”
Young Conaway Stargatt & Taylor, LLP - November 06, 2009
GOVERNMENT AGENCIESNew EEO Poster Required by November 21.
A new federal posting requirement becomes effective November 21. The Equal Employment Opportunity Commission has revised its "Equal Employment Opportunity is the Law" poster. This new version reflects current federal employment discrimination law, including the Americans with Disabilities Act Amendments Act of 2008. The poster also was revised to add information about the Genetic Information Nondiscrimination Act of 2008, which also is effective November 21, 2009. The revised poster also includes updates from the Department of Labor.
Phelps Dunbar LLP - November 06, 2009
FMLAObama Expands Recently Enacted Exigency and Caregiver Leave Provisions for Military Families under the FMLA.
On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). Among other things, the new law includes an expansion of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA). The legislation does not include an effective date, suggesting that it took effect immediately upon the President's signature.
Phelps Dunbar LLP - November 06, 2009
DISABILITY DISCRIMINATIONEmployer's Return-to-Work Evaluation Found Unlawful "Medical Exam" under ADA, Ninth Circuit Rules.
Relying heavily on Equal Employment Opportunity Commission enforcement guidance, a federal appeals court in San Francisco has held that a physical capacity examination administered to an employee who had been on a medical leave of absence was an impermissible “medical examination” under the Americans with Disabilities Act. Indergard v. Georgia-Pacific Corp., No. 08-35278 (9th Cir. Sept. 28, 2009). The Court reversed summary judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
Jackson Lewis LLP - November 06, 2009
HUMAN RESOURCESTemporary Paid Sick Leave Legislation Introduced to Deal with H1N1, Other Illnesses.
As concern over H1N1 and influenza-related illnesses continues to spread, legislation that would require employers to provide up to five days of paid sick leave per year to workers afflicted with influenza or other, similar contagious illness has been introduced in the U.S. House of Representatives. The bill applies to employers with 15 or more employees where workers comply with the employer’s directive to go home or stay home from work because of a contagious illness. The proposed legislation, titled the Emergency Influenza Containment Act (H.R. 3991), was introduced by House Education and Labor Committee leader Rep. George Miller (D-Cal.) and Workforce Protections Subcommittee leader Rep. Lynn Woolsey (D-Cal.).
Jackson Lewis LLP - November 06, 2009
IMMIGRATIONUSCIS Commences H-1B Audit Program.
The U.S. Citizenship and Immigration Service (USCIS) Office of Fraud Detection and National Security (FDNS) has initiated an H-1B audit program to assess employer compliance with H-1B requirements. FDNS will make unannounced Administrative Site Visits to H-1B employers and their clients, whereby the investigator will collect information regarding the legitimacy of an employer's business and the accuracy of the representations made in filed H-1B petitions. The purpose of this audit program and the associated site visits is to detect, deter, and combat immigration benefit fraud. USCIS has already sent tens of thousands of cases to FDNS, so it is important for H-1B employers to know what to expect and how to respond if FDNS comes knocking.
Ford & Harrison LLP - November 06, 2009
EMPLOYEE BENEFITSIt's Plan Amendment Time Again.
Plan sponsors should be aware of upcoming deadlines for adoption of amendments to their qualified retirement plans. Certain amendments are required by the end of the 2009 plan year (December 31, 2009 for calendar year plans), while others are required by the plan sponsor's 2009 tax-filing deadline. In some cases, there may also be amendments required to be adopted by January 31, 2010.
Ford & Harrison LLP - November 06, 2009
HUMAN RESOURCESLAYOFFS: HOW TO AVOID DISASTER.
If you're like other employers, you feel pressure to cut costs while you wait out the economic recovery. But, if you see layoffs as an option in responding to that pressure, you must be careful. A single misstep can subject you to potentially ruinous claims from departing employees.
Ballard Rosenberg Golper & Savitt - November 06, 2009

Federal Employment Law Article Index »

NEW YORKNew York Employers Must Provide New Hires Prescribed State Labor Department Wage Notification Form.
Effective October 26, 2009, New York employers are required to notify all new hires in writing of their hourly rate, overtime rate (if applicable) and payday and receive a written acknowledgment of such notification. The enactment indicated that the Department of Labor would provide guidelines to assist employer compliance.
Jackson Lewis LLP - November 06, 2009

State Employment Law Article Index »

Affiliate Law Firm Press Releases
Ford & Harrison Attorney Appointed to Deputy Assistant General Counsel for the U.S. Department of Veterans Affairs.
Bridnetta D. Edwards, senior counsel with the Washington, DC office of Ford & Harrison LLP, has accepted the management position of Deputy Assistant General Counsel, Professional Staff Group (PSG) IV for the U.S. Department of Veterans Affairs.
Ford & Harrison - November 5, 2009

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