Legal Updates

IRS Screens for Payroll, Compensation and Plan Audit Candidates with New Forms, Questionnaires

[3/11/2010] Tax compliance means revenues for the federal government — that is axiomatic. Revenue leakage through non-compliance has a multi-billion dollar effect on federal revenue. The Internal Revenue Service has become aggressive in setting its sights on several significant leaks in the system. read more »

Senate Approves COBRA Subsidies and Unemployment Benefits Extensions through 2010

[3/11/2010] By a 62-36 vote, the U.S. Senate has approved a tax extender package (H.R. 4213, Tax Extenders Act of 2009) that contains an extension of tens of billions of dollars in tax breaks and other provisions aimed at creating jobs. The bill also provides extensions through December 31, 2010, of health read more »

Social Media in the Workplace: Managing the Risks

[3/9/2010] Social media applications, such as blogs, social networking, and video sharing, have surged in popularity over the past few years. They are now used by employees in almost every workplace. Forward-thinking companies around the world are embracing social networking and blogs for branding, client read more »

ICE Issues Form I-9 Audit Notices to 180 Employers in Five States

[3/9/2010] The Immigration and Customs Enforcement ("ICE"), a division of the Department of Homeland Security, has announced that it is issuing notices of inspection to review the hiring records of 180 employers in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee. According to the March 2 announcement read more »

Ninth Circuit Holds FLSA Does Not Invalidate Employer's Tip-Pooling Arrangement

[3/9/2010] In a case of first impression, a federal court of appeals in San Francisco has determined that the Fair Labor Standards Act (FLSA) does not restrict employer-mandated employee tip-pooling arrangements when no tip credit is taken by the employer. Cumbie v. Woody read more »

Obama Administration Seeks to Change Way Government Contracts Are Awarded

[3/8/2010] The Obama Administration appears to be planning to hike wages and benefits for workers nationwide by changing how the government awards contracts. The plan reportedly would favor private companies that offer employees better pay, health coverage, pensions and other benefits for contract read more »

New York Department of Labor Revises State WARN Act Regulations

[3/5/2010] The New York State Department of Labor has issued revised emergency regulations under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN). NYS WARN became law in August 2008 and took effect on February 1, 2009. The revised regulations replace the January 2009 WARN read more »

Federal Courts in New York Continue to Enforce Arbitration Agreements

[3/3/2010] Many employee groups have been lobbying the federal government to limit employers' ability to require mandatory arbitration for resolution of employment disputes. Jackson Lewis also has joined the debate. Even as the future of pre-dispute arbitration agreements is considered in the Legislature, read more »

Second Circuit Dismisses ADA and FMLA Claims

[3/2/2010] Where regular attendance is an essential job function of a position, the Americans with Disabilities Act and the Family and Medical Leave Act would not shield from termination an employee chronically absent from work, a federal appeals court in New York has held. VandenBroek read more »

Supreme Court Ruling May Help Employers Find a More Level Playing Field in Litigation

[3/2/2010] A U.S. Supreme Court decision may make it easier for corporate employers to avoid defending wage and hour, employment and other lawsuits in state courts, which are "home" forums to their adversaries and often are seen as favorable to plaintiffs. Employers generally can remove cases filed read more »