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  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. CALIFORNIA 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 12, 2009 In Schachter v. Citigroup, Inc., 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. NEW YORK New York Labor Commissioner Approves Significant Changes to Wage and Hour Regulations.Jackson Lewis LLP - November 12, 2009 In March 2009, New York State Department of Labor Commissioner M. Patricia Smith convened a Wage Board to examine the Wage Orders currently applicable to New York State restaurant and hotel employers. In late September, the Wage Board proposed significant changes to the Wage Orders and provided the Commissioner with proposed language for a Wage Order combining the current restaurant and hotel industry wage orders. (See our article, New York State Wage Board Approves Revised Hospitality Industry Wage Order.) On November 5, 2009, Commissioner Smith issued an Order accepting many of the Wage Board’s recommendations, while rejecting the Wage Board’s proposed Wage Order. NEW HAMPSHIRE New Hampshire "Medical Marijuana" Bill Fails to Overcome Governor's Veto.Jackson Lewis LLP - November 12, 2009 At least for now, New Hampshire has failed to become the 14th state in the nation to protect seriously ill patients from arrest for using medical marijuana if their doctor recommends it. On October 28, the state Senate’s vote on the “medical marijuana” bill was 14-10, two votes short of the two-thirds majority necessary to override Governor John Lynch’s veto. Earlier in the day, the state House had passed the measure 240-115. D.C. Court of Appeals Expands Reach of D.C. Anti-Discrimination Law to Applicants and Employees Outside of D.C.Littler Mendelson, P.C. - November 10, 2009 The District of Columbia Court of Appeals, in Monteilh v. AFSCME, AFL-CIO, 107 FEP Cases 561 (D.C. 2009), recently held that employees located outside of the District may bring claims under the District of Columbia Human Rights Act (DCHRA). The court of appeals determined that, regardless of where the affected employee works, so long as the discriminatory decision is made in the District of Columbia, the DCHRA applies. The decision likewise applies to prospective employees. NEW YORK New York DOL Issues Forms to Use When Notifying Employees of Rates of Pay.Buchanan Ingersoll & Rooney PC - November 10, 2009 New York Labor Law Section 195 became effective on October 26, 2009. (See our September 3, 2009, "NY Employers Must Now Advise New Hires in Writing Rate of Pay" advisory.) Pursuant to Section 195, New York employers must provide new employees with written notice of: (1) pay dates; (2) regular hourly pay rates; and (3) overtime rates of pay for all employees eligible to receive overtime compensation. Section 195 requires employers to provide this information before an employee starts working, to obtain written acknowledgements from employees confirming that they received the required notification, and to keep the signed statements for six years.
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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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