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Listed below are the five most current articles added to our Federal and State databases.
  Recession + Layoffs = More EEOC Charges.Elarbee, Thompson, Sapp & Wilson, LLP. - May 15, 2008 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). HUMAN RESOURCES Steps to Avoid Job Reference Litigation.Elarbee, Thompson, Sapp & Wilson, LLP. - May 15, 2008 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. LAWYERING The “Disfavored” Motion?Elarbee, Thompson, Sapp & Wilson, LLP. - May 15, 2008 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. HUMAN RESOURCES Liability Calling?Elarbee, Thompson, Sapp & Wilson, LLP. - May 15, 2008 Does your employee handbook mention "cell phones"? If not, the revision is probably overdue. LABOR LAW Bargaining Strategies in the Wake of Multiemployer Pension Plan Notices Issued Pursuant to the Pension Protection Act.Littler Mendelson, P.C. - May 15, 2008 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.  New Jersey Governor Signs Paid Family Leave Law.Ford & Harrison LLP - May 15, 2008 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. WASHINGTON 2008 Washington Legislative Update.Littler Mendelson, P.C. - May 14, 2008 The recently concluded 2008 legislative session resulted in the enactment of several new laws that affect Washington employers and employees. Following are summaries of the most significant new laws. MARYLAND Amended Maryland Wage Payment & Collection Law Helps Employers.Jackson Lewis LLP - May 14, 2008 Maryland Governor Martin O'Malley signed into law emergency legislation amending the Maryland Wage Payment and Collection Law, Md. Code Lab. & Empl. §§ 3-504 & 3-505, on April 24, 2008, to provide employers with a safe harbor against the requirement that they pay out accrued paid leave upon termination of employment. Under the new law, an employer's written vacation pay or other paid leave policy will govern whether the employer is required to pay out unused accrued leave upon termination of employment. The amendment is retroactive and covers employees whose employment terminated after November 1, 2007. ARIZONA Arizona Governor Signs Law Amending Employer Immigration Sanctions Law.Ford & Harrison LLP - May 14, 2008 On May 1, 2008, Arizona Governor Napolitano signed into law an amendment of the Legal Arizona Workers Act (LAWA). Under the LAWA, which took effect January 1, 2008, a business found guilty of “knowingly” or “intentionally” hiring undocumented workers faces suspension or revocation of its business license and is placed on probationary status for a period of time. ARIZONA Legal Arizona Workers Act Amended to Clarify Enforcement, Sanctions and Defenses.Jackson Lewis LLP - May 13, 2008 Just a few months after the Legal Arizona Workers Act (the “Act”) took effect at the beginning of the year, the Arizona legislature has enacted HB 2745 to amend the law that requires employers to use the federal employment eligibility verification system, E-Verify, and imposes sanctions on employers that hire unauthorized workers. Governor Janet Napolitano signed HB 2745 into law on May 1, 2008, and the amendments became effective immediately.
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May 16, 2008 RothgerberEmployee Terminations and Layoffs For Construction Contractors: How to Avoid Getting Sued.San Diego
May 20, 2008 Barker Olmsted & Barnier, APLCWage /Hour Update: The Nitty Gritty Of Commissions, Bonuses, Incentive Payments, Wage Deductions, Paid Time Off & Travel TimeRiverhead
2008-5-22 Jackson Lewis LLPPAYROLL FUNDAMENTALS: Basic Principles to Help You Manage the Payroll Process in California.San Diego
May 22, 2008 Barker Olmsted & BarnierLunch with Lawyers: Cafeteria PlansColorado Springs
May 28, 2008 RothgerberPreventive Strategies To Avoid Discrimination And Harassment In The WorkplaceEast Elmhurst
2008-6-3 Queens Chamber of CommerceUnions Are Targeting Car Washes: Are You Prepared?Atlanta
June 3, 2008 Ford & HarrisonThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActStamford
2008-6-4 Jackson Lewis LLPAvoiding Employment ClaimsAtlanta
2008-6-4 Jackson Lewis LLPThe 22nd National Institute on ERISA BasicsChicago
June 4, 2008 Vedder Price | |||||||||||
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