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  • Article

    Section 409A: Arrangements That Require Execution Of A Release As A Condition To Severance May Require Action By Dec. 31, 2012

    Section 409A requires that nonqualified deferred compensation plans comply with certain distribution election and timing of payment requirements.
    United StatesCorporate/Commercial Law
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Businesses Say ‘Yes' To Robb As Labor Board's Top Lawyer

    Peter Robb, a Vermont management-side labor lawyer, is expected to be named general counsel for the National Labor Relations Board (NLRB), pending a background check as reported in various industry publications.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    COBRA Subsidy Extended Additional Month And Expanded

    On March 2, 2010, the COBRA subsidy provisions originally enacted under the American Recovery and Reinvestment Act, as extended in December, were once again extended by the Temporary Extension Act of 2010 (TEA).
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Federal Court Puts Up Roadblock In Seattle's Quest To Grant Uber And Lyft Drivers Union Organizing Rights

    A Seattle ordinance that grants drivers for Uber, Lyft and other similar ride-hailing companies the right to form unions remains on hold after an Aug. 29 federal court ruling.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    NLRB Sues Arizona Over Union Elections

    The National Labor Relations Board (NLRB) has sued the State of Arizona seeking to invalidate a state constitutional amendment guaranteeing workers the right to hold a secret-ballot election before a company can be unionized.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Seventh Circuit Declares ‘The ADA Is An Antidiscrimination Statute, Not A Medical Leave Entitlement'

    On September 20, the U.S. Court of Appeals for the Seventh Circuit clarified a question that many employers struggle with: Is an employee entitled to additional long-term leave under the ADA after FMLA leave expires?
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Supreme Court Leaves California’s Carve-Out For PAGA Wage-And-Hour Representative Actions Intact

    The U.S. Supreme Court has denied certification of a petition challenging a California Supreme Court ruling that representative Private Attorneys General Act claims cannot be waived in employment arbitration agreements.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    EPA to Promulgate ELGs for Power Plants by Jan. 31, 2014

    In a Nov. 8 consent decree, the Environmental Protection Agency (EPA) agreed to a July 23, 2012 deadline to propose the coal-fired power plant effluent limit guidelines (ELGs) with final ELGs to be promulgated by Jan. 31, 2014.
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    U.S. EPA "Superfund" Settlement Process Changes

    U.S. Environmental Protection Agency (EPA) has issued a memorandum to the Regional Office Superfund directors setting a new process for negotiations with Potentially Responsible Parties (PRPs).
    United StatesEnvironment
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    CFPB Warns Against Mandating Use Of Payroll Cards

    The Consumer Financial Protection Bureau, which is responsible for enforcing the Electronic Fund Transfer Act and related Regulation E, recently issued a Bulletin 2013-10 explicitly prohibiting the mandatory use of payroll card accounts at an employer-selected financial institution and otherwise discussing the requirements for such use.
    United StatesFinance and Banking
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Michigan’s Emergency Financial Law Suspended After Michigan Supreme Court Compels Certification Of Referendum Petition

    In March, 2012, we described how a citizens’ group, Stand Up for Democracy, opposed Michigan’s emergency financial manager law, officially entitled "Local Government and School District Fiscal Accountability Act, MCL §§ 141.1501, et seq. (the "Act"), by filing petitions to place the issue of the Act’s repeal on the state ballot in November.
    United StatesFinance and Banking
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    DHS Moves Closer To Eliminating The 60-Day Grace Period For H-1B Workers

    The Department of Homeland Security (DHS) is moving forward with a proposed rule that could eliminate the discretionary 60-day grace period currently available to certain nonimmigrant workers following the termination of employment.
    United StatesImmigration
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Michigan Supreme Court Remands "Cherryland" After Enactment Of Legislation Deeming Solvency Covenants Of Non-Recourse Loans Unenforceable

    In March 2012, we discussed proposed legislation in Michigan entitled the Nonrecourse Mortgage Loan Act.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    In The Seventh Circuit, Legal Conclusions May Be Pled And You Need To Respond

    A recent decision out of the Northern District of Indiana confirms pleading allegations containing legal conclusions are allowed in the Seventh Circuit and that such legal conclusions must be admitted, denied, or responded to with an allegation of insufficient information, just as if they were factual allegations.
    United StatesLitigation, Mediation & Arbitration
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Minnesota State Legislature Enacts New Gift Tax

    The Minnesota State Legislature recently enacted a gift tax in the state of Minnesota, which will take effect on July 1, 2013.
    United StatesTax
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    CTA Reversal Reversed! Fifth Circuit Vacates Its Own Stay, Restores District Court's Injunction Of CTA

    The Fifth Circuit has vacated the stay it had granted on Dec. 23, 2024, of the injunction that suspended enforcement of the Corporate Transparency Act (CTA) and its Beneficial Ownership Information (BOI) reporting rule
    United StatesCorporate/Commercial Law
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Back In Business: NLRB Looks Poised To Issue New Precedent

    The NLRB's General Counsel has issued a memo signaling potential reversals of recent labor law precedents affecting severance agreements, workplace policies, captive audience meetings, and bargaining orders. This guidance previews the agency's shifting stance on controversial decisions from 2023-2024 that significantly impacted employer practices. Employers should monitor these developments as the Board now has the quorum needed to issue precedent-changing decisions.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Full Steam Ahead: NLRB Top Lawyer Signals Continued Focus On Injunction Actions

    Last month, the U.S. Supreme Court issued a decision in Starbucks v. McKinney clarifying the standards courts must use when evaluating requests by the National Labor Relations Board (NLRB) for injunctive...
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Illinois Amends Jury Duty Act

    Illinois has expanded employee protections for jury service. Illinois law has long prohibited employers from retaliating against employees for serving on a jury and required employers to provide time off for jury duty.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP
  • Article

    Illinois Governor Signs Law Recognizing Payroll Cards As Wage Payment

    As an update to a previous alert, Illinois Governor Pat Quinn has signed HB 5622, which recognizes payroll cards as a method of wage payment in Illinois.
    United StatesEmployment and HR
    Barnes & Thornburg LLP
    Barnes & Thornburg LLP

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