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Insights

Jun 19, 2009 Employment Discrimination

U.S. Supreme Court Declines to Ease Plaintiffs’ Burden of Proof in Age Discrimination Cases

On June 18, 2009, in a 5-4 decision, the U.S. Supreme Court made it significantly more difficult for plaintiffs to prevail in age discrimination suits under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621...
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May 20, 2009 Employment Discrimination

New York State Assembly passes Gender Expression Non-Discrimination Act

The New York State Assembly recently passed a bill, the Gender Expression Non-Discrimination Act (GENDA) (A. 5710/S. 2406) by a vote of 97-38.  The proposed law would amend the New York State Human Rights Law to add...
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Jan 05, 2009 General Employment Issues

New York Labor Law Now Bars Employers from Displaying Employee Social Security Numbers and from Disclosing Employees’ Personal Identifying Information to the General Public

Effective January 3, 2009, the New York Labor Law has been amended by the addition of a new Section 203-d, which prohibits employers from doing the following unless otherwise required by law: publicly posting or displaying an...
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Dec 17, 2008 General Employment Issues

Department of Labor Releases New Family and Medical Leave Act Guidelines

On November 17, 2008, the United States Department of Labor (”DOL”) published new rules under the Family and Medical Leave Act of 1993 (“FMLA”).  The new rules implement amendments to the FMLA enacted earlier this...
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Dec 05, 2008 Employment Termination

New York Department of Labor Says Employers Should Prepare Now for February 2009 Lay-offs to Comply with New York WARN Act

As previously reported on this website, New York has enacted its own version of the federal Worker Adjustment and Retraining (“WARN”) Act, NY WARN §860-a(3), which is set to go into effect on February 1, 2009. (See New...
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Nov 13, 2008 General Employment Issues

Significant IRC 409A Deadline is Fast Approaching

SIGNIFICANT IRC 409A DEADLINE IS FAST APPROACHING Section 409A of the Internal Revenue Code and the associated regulations and guidance issued by the Department of Treasury set forth stringent requirements that nonqualified...
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Oct 20, 2008 Wage & Hour Issues

California Labor Code Amendment Facilitates Compliance with regard to Computer Professionals

A recent amendment to the California Labor Code, signed into law by Governor Schwarzenegger on September 30, 2008, and effective immediately, makes it easier for employers to ensure that persons employed in computer-related...
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Oct 06, 2008 General Employment Issues

New York Expands Employer Obligations Regarding Criminal Background Checks

New York recently enacted legislation placing greater responsibilities on employers who request background checks on their employees or prospective employees.  The law amends Sections 380-c and 380-g of the New York General...
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Oct 06, 2008 Employment Discrimination

President Signs Into Law Significant Amendments to the Americans with Disabilities Act

On September 25, 2008, President Bush signed into law the Americans with Disabilities Act Amendments Act (the “ADAAA”), which will significantly broaden the scope of the Americans With Disabilities Act (the “ADA”). ...
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Sep 22, 2008 Employment Discrimination

EEOC Retains Subpoena Power Even After Right-to-Sue Notice Issues and Charging Party Initiates Litigation

In a case with important implications for employers responding to EEOC investigations, the U.S. Court of Appeals for the Ninth Circuit recently decided that the EEOC’s subpoena power may be exercised against an employer...
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