On November 17, 2008, the United States Department of Labor (“DOL”) issued new Final Regulations interpreting the Family and Medical Leave Act (“FMLA”) replacing the regulations issued in 1995. The new set of Final Regulations takes effect on January 16, 2009. Some highlights of the Final Regulations include.

As the end of 2008 quickly approaches, employers should review whether they have taken sufficient steps to become compliant with the provisions of Section 409A of the Internal Revenue Code ("Section 409A"), which governs deferred compensation arrangements. The purpose of this newsletter is to discuss certain items that employers must focus on by year-end 2008 to ensure compliance with Section 409A.

Michelle's Law, a new law signed by President Bush on November 8, 2008, will extend eligibility for group health benefit plan coverage to a dependent child over the age of eighteen who is enrolled in an institution of higher education but who would otherwise lose coverage under the group health benefit plan when a medically necessary leave of absence causes the dependent child to fall below full-time student status. The extension of eligibility is intended to protect group health benefit coverage of a sick or injured dependent child for up to one year.

Federal Contractors Required to Use E-Verify System to Confi rm Workers’ Eligibility; Social Security “No-Match” Regulations Update; Holiday Travel Alert; Visa Waiver Program— Travelers Must Register with the Electronic System for the Travel Authorization (ESTA) Program; Improved Benefi ts for Treaty NAFTA Employees; Seven Countries Added to Visa Waiver Program; State and Local Law Alert: E-Verify Required; Illinois Allows E-Verify Despite New Law; Limited Relief for Students Requires Use of E-Verify; “Green Card” Lottery Registration; Travel Updates for U.S. Citizens and Residents; USCIS Announces U.S. Passport Card Is a “List A” Document for I-9 Purposes; USCIS Announces New Version of Form I-9, Employment Eligibility Verifi cation; Immigration & Customs Enforcement (ICE) Outlines Elements of Acceptable Immigration Compliance Policy; Tips for Employers Using E-Verify; Global Immigration/Visa Issues for Employers.

After years of waiting, the U.S. Labor Department (DOL) has just published new regulations interpreting the Family and Medical Leave Act (FMLA). These are the first significant changes since 1994, and will impact every employer subject to the law. The 762 pages of regulations not only address two new forms of military leave created earlier this year, but also make minor tweaks, major adjustments and wholesale changes to sections of the original FMLA regulations.

Final, revised, regulations interpreting and guiding enforcement of the Family and Medical Leave Act (FMLA), were formally issued by the U.S. Department of Labor on Monday, November 17, 2008. The publication of these final, revised rules completes a process that extended more than two years and involved extensive commentary and public input on proposed regulations that were posted by the DOL this past February. The new regulations, which are effective on January 16, 2009, are intended to incorporate both changes in the law–the new leave entitlements for military families, for instance–and adjustments deemed appropriate to address interpretation of the FMLA in some federal courts.

On November 4, 2008, by a referendum vote of 68% of voters, Milwaukee became the third city in the United States, following San Francisco and Washington, D.C., to pass a law mandating that employers provide paid sick leave to employees. Washington, D.C.'s law was passed in March 2008 and has been in effect since November 13, 2008. San Francisco's law has been in effect since February 2007.

Nonresidents of California are entitled to overtime pay under state law for work performed in California, the U.S. Court of Appeals for the Ninth Circuit held as it reversed summary judgment in favor of the employer on claims for unpaid overtime under the California Labor Code. Sullivan et al. v. Oracle Corp., No. 06-56649 (9th Cir. Nov. 6, 2008). The Court also reversed summary judgment in favor of the employer on the plaintiffs’ claim under the California Unfair Competition Law, which was predicated on the Labor Code violations, ruling that the UCL applied to the plaintiffs’ work in California. However, the Court held that the UCL did not apply to violations of the Fair Labor Standards Act outside of California and affirmed summary judgment in favor of the employer on this claim.

Jackson Lewis LLP, one of the country’s largest workplace law firms, announced that it has officially opened a new office in San Diego. The office will be headed by Resident Partner Paul F. Sorrentino, who will be joined by Associate Jennifer L. (Denkins) Santa Maria.

Law & Politics magazine recognized 93 Cooley Godward Kronish attorneys in its 2008 Super Lawyers publications. Among those named, five attorneys were from the Firm’s Boston office, four attorneys from the Firm’s Colorado office, 19 attorneys from the Firm’s New York office, 40 attorneys from the Firm’s Northern California offices, 13 from the Firm’s San Diego office, four attorneys from the Firm’s Virginia office and one from the Firm’s Seattle office. Additionally, four attorneys in the Boston office and 3 attorneys in the Seattle office were named to the Rising Stars list.