Friday, August 24, 2007

Week In Review (August 24, 2007)

Most Popular Federal Law Article

New Commandments to Live By: After More Than 20 Years, IRS Issues New Proposed Cafeteria Plan Regulations (pdf).
On Monday, August 6, 2007, after an almost 20-year gestation period, the IRS issued long awaited proposed cafeteria plan regulations under Internal Revenue Code (“Code”) Section 125 (the “New Proposed Regs"). The New Proposed Regs withdraw the previously issued proposed cafeteria plan regulations, 1.125-1 and -2 (the “Old Proposed Regs”), replace them with a fresh set of proposed regulations that restate much of the Old Proposed Regs and incorporate both formal and informal guidance issued over the last 23 years. The New Proposed Regs also provide detailed guidance on a host of nagging cafeteria plan administration issues and even include a few surprises relating to enrollment and discrimination testing. The New Proposed Regs are generally effective for plan years beginning on or after January 1, 2009; however, taxpayers may rely on them now.
Located On: Alston & Bird LLP

Most Popular State Law Article

Wage and Hour Laws Redux.
One thing is clear about California wage and hour laws: The rules governing law firms (and all businesses) in California are too numerous to be summarized in just one column. The first installment on this topic ran on July 27, 2007 and is available online at http://www.dailyjournal.com. In that piece, I discussed potential pitfalls, such as mis-classification of employees as independent contractors or “exempt” employees, minimum wage and overtime laws, independent contractor status, exemptions from overtime, payroll practices and deductions from paychecks. If those topics are not complex and confusing enough, there are many others applicable to California employees.
Located On: Shaw Valenza LLP

Most Popular Headlines

Test your workplace boredom
Sun Sentinel - August 20, 2007

Friday, August 17, 2007

Week In Review (August 17, 2007)

Most Popular Federal Law Article

Fourth Circuit Reaffirms Prohibition on Private Releases of FMLA Claims (pdf).
On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
Located On: Nexsen Pruet

Most Popular State Law Article

Colorado Court Clarifies When Covenants Not to Compete and Solicit Customers and Employees May Be Enforced Against Executives, Managers and Their Professional Staff.
Like many states, Colorado will not enforce a covenant not to compete unless it fits within a specific exception to the general rule of unenforceability. Unlike most states, however, Colorado permits agreements not to compete with executives, management level employees, or “professional staff to executive and management level personnel” even if the employer is unable to show that the employee possesses trade secrets. Colo. Rev. Stat. § 8-2-113(2)(d).
Located On: Littler Mendelson, P.C.

Most Popular Headlines

Smelly, Angry Workers?
Human Resource Executive - August 14, 2007

Friday, August 10, 2007

Week In Review (August 10, 2007)

Most Popular Federal Law Article

Avoiding Long Goodbyes: Seven Steps for Conducting Successful Termination Meetings (pdf).
Terminating an employee is never easy (unless you really dislike him), and the very fact that it’s such an uncomfortable situation may lead you to slip up and say something you’ll later regret. Following these seven field-tested steps for conducting termination meetings will help reduce your risk of being sued, increase your chances of winning if you are sued, lower your anxiety level in the process, and avoid long goodbyes.
Located On: Jones Walker

Most Popular State Law Article

Can an At-Will Employee Lawfully be Terminated Before the First Day of Work?
According to a Connecticut appeals court, an employer can terminate an at-will employment relationship at any time—even before an employee’s first day of work. Petitte v. DSL.net, Inc., AC27557 (Conn. Ct. App., July 10, 2007). Though this result may seem harsh to an employee who relies on a job offer to quit his current position and ends up jobless, the court determined that it would be illogical to rule otherwise.
Located On: Jackson Lewis LLP

Most Popular Headlines

Brush Up On Office Etiquette
Forbes - August 08, 2007

Friday, August 03, 2007

Week In Review (August 3, 2007)

Most Popular Federal Law Article

U.S. Supreme Court Wraps Up Term With Three Cases.
The U.S. Supreme Court recently concluded its 2006-2007 term. In the surge of decisions issued in the last few weeks of the term, the justices issued three decisions of interest for employers.
Located On: Ogletree Deakins

Most Popular State Law Article

Employment Lawsuits Against Individuals.
Plaintiffs in employment law cases frequently name individual employees as defendants. Sometimes, they sue co-workers. More frequently, they name supervisors or managers, and even high-level executives up to the CEO.
Located On: Shaw Valenza LLP

Most Popular Headlines

Is there a ‘workplace princess’ at your firm?
Deseret News - July 29, 2007

Thursday, August 02, 2007

What’s Your Job Sign

Check out this fun, interactive “link bait” from Monster.com: What’s Your Job Sign ("link bait” is something that attracts links to your site").  You’ll need a broadband connection.