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Listed below are the five most current articles added to our Federal and State databases.
  Facebook Pictures Cause Insurer to Revoke Benefits for Depressed Woman.Young Conaway Stargatt & Taylor, LLP - November 20, 2009 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. IMMIGRATION India Guidance on Its Visa Regimes May Create Major Change for Companies Doing Business in India.Littler Mendelson, P.C. - November 20, 2009 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. IMMIGRATION Death's Dominion is Reduced in U.S. Immigration.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 20, 2009 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. IMMIGRATION ICE Will Audit 1,000 More Employers, Reveals Schedule for Fines.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - November 20, 2009 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. IMMIGRATION ICE Announces I-9 Audits of 1,000 Employers.Jackson Lewis LLP - November 20, 2009 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.  The Contractual Basis of Incentive Compensation Re-Emphasized: Restricted Stock in Lieu of Cash Wages Can Be Forfeited By Resignation in California.Littler Mendelson, P.C. - November 20, 2009 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. D.C. District of Columbia Human Rights Act Held to Cover Non-D.C. Employees.Jackson Lewis LLP - November 19, 2009 Washington D.C.’s highest local court has pushed application of the District of Columbia Human Rights Act (“DCHRA”) well beyond the District’s geographic borders by including under the Act’s protection employees who had never applied for a job or worked within the District. Monteilh v. AFSCME, AFL-CIO, No. 06-CV-1155 (D.C. Sept. 17, 2009). Additionally, the District of Columbia Court of Appeals has made District-based employer decisions, including recommendations and approvals, about employees outside the District, potential bases for extraterritorial application of DCHRA’s protections. CALIFORNIA GOVERNOR SIGNS CALCHAMBER-SUPPORTED BILL PROTECTING BUSINESSES FROM MERITLESS LAWSUITS.Ballard Rosenberg Golper & Savitt - November 16, 2009 A California Chamber of Commerce-supported bill that protects businesses from meritless lawsuits was signed by Governor Arnold Schwarzenegger last week. CALIFORNIA NEW CALIFORNIA MILITARY LEAVE.Ballard Rosenberg Golper & Savitt - November 16, 2009 Governor Schwarzenegger just signed into law AB 485 - "Civil Air Patrol: California Wing: Employment Leave". NEW JERSEY New Jersey eAuthority (November 2009).Ogletree Deakins - November 12, 2009 New Jersey Prohibits Sex Offenders from Working for Youth Organizations; Proposed Amendment Redefines “Misconduct” for Unemployment Benefit Disqualification Purposes; NYS DOL Issues Required Notice and Acknowledgement Form that New York Employers Must Use When Hiring New Employees; “Nurse Coverage Plans” Mandatory for Involuntary Overtime in New York; Release Valid Under OWBPA Where Plaintiff Was Given Appropriate Time to Consider It, Notwithstanding He Signed It Immediately Due to His Own Poor Financial Condition; New Jersey Supreme Court Holds Defendants Cannot Recover Fees in CEPA and LAD Cases under Offer of Judgment Rule; ADEA Claim Fails Where Employer Had Numerous Reasons to Fire Employee; Age Clearly Not the “But For” Factor in Termination.
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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