Insights

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...

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...

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...

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...

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...

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”). ...

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...

Strictly speaking, the Employee Free Choice Act of 2007 is not yet back before the United States Congress. However, if the Democrats prevail in November’s Presidential election, we can expect to see Big Labor and its...

Awards rendered by arbitrators are ordinarily subject to limited judicial review and may be overturned only in narrow circumstances.  In particular, an award is not subject to attack in court merely because it contains...

On February 1, 2009, New York will join a handful of other states which have enacted state plant closing laws that are more stringent than the federal Worker Adjustment and Retraining Notification (“WARN”) Act. The...