As many employers prepare for a possible recession, cutting costs is at the top of everyone's to-do list. Layoffs, hiring freezes, and/or reduced recruiting efforts are traditional methods for quickly affecting an employer's bottom line. However, before taking such any course of action, employers should be aware of the recent rise in charge filings with the U.S. Equal Employment Opportunity Commission (EEOC).

Providing meaningful job references has become an increasingly difficult task for employers. The well-intentioned employer is stuck between a rock and hard place, seeking to provide helpful information on one hand, while wanting to avoid potential liability on the other. As most employers are aware, often, what you say "or even what you don't say" can land you in court.

Last year, the Supreme Court affirmed the grant of a motion to dismiss in a putative antitrust class action, holding that the complaint failed to allege sufficient facts to show that the plaintiffs could plausibly win at trial. In Bell Atlantic v. Twombly, the Court expressly rejected the standard long used by the lower federal courts that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Instead, the Court held that, while the factual allegations of a complaint need not be "detailed," they must "possess enough heft" so as to "plausibly" suggest that the plaintiff can prevail.

Does your employee handbook mention "cell phones"? If not, the revision is probably overdue.

If you contribute to a multi-employer pension fund, the 415-page Pension Protection Act's ("PPA" or "the Act") provisions affecting multi-employer plans are now taking effect. The first of these provisions is the requirement that actuaries certify to the Internal Revenue Service into which funding zone (critical - red; endangered yellow; or no zone - green) the plan falls. Actuarial certification is not due until the 90th day of the plan year. For calendar year plans, that certification was due to be filed with the IRS on March 30, 2008. Within 30 days thereafter, plans must inform all interested parties -participants, beneficiaries, employers, local unions, the Pension Benefit Guaranty Corporation and the Secretary of Labor if the plan falls in the yellow or red zone.

On May 2, 2008, New Jersey Governor Corzine signed the “Paid Family Leave Law,” which makes New Jersey the third state in the country to provide paid family leave benefits to employees. The law takes effect July 1, 2009. This Alert briefly discusses some of the significant features of the new law.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (Ogletree Deakins) announced today that Jim Micali, Michelin North America’s outgoing chairman and president, will serve as senior business advisor and counselor to Ogletree Deakins after his August 2008 retirement from Michelin. Micali, one of the country’s top corporate leaders, has been with Michelin since 1977, has served as Michelin North America’s chairman and president since 1996 and as a member of the Michelin Group’s worldwide Executive Council since 2001.