The Department of Homeland Security recently announced that it will soon be issuing changes to the Safety Act application forms and process. This is good news for companies hoping to avail themselves of the Safety Act's important protections

The SEC has finally proposed regulations focused solely on the issuance of asset-backed securities, designed for the nuances of this specialised marketplace

As of January 1, 2004, federal antispam legislation, referred to as the CANSPAM Act ("the Act"), has preempted state laws seeking to regulate unsolicited, "commercial e-mails" (as defined in the Act).

It is more than five years since the United States Supreme Court issued its decisions in <I>Faragher v. City of Boca Raton</I>, 118 S.Ct. 2257 (1998) and <I>Burlington Industries, Inc. v. Ellerth</I>, 118 S.Ct. 2275 (1998). While these decisions made it easier for plaintiffs to prevail in sexual harassment cases, they also include a valuable affirmative defense for employers.

The ADA prohibits employers from discriminating against individuals with disabilities. Yet, the law also makes it more difficult for us to reach out and help employees with performance problems where we suspect that the performance problems may be due to a physical or emotional condition. If an employer raises a suspected disability in the context of performance management, this well-intended desire to help may become the factual predicate for a perceived disability claim if the employee subse

If an employer has an actual practice of making deductions inconsistent with the salary basis requirement, then the employer may forfeit the exemption not only for the employee subject to the deduction but also for all other employees who report to the same manager responsible for the deduction. The potential for class actions is clear so read carefully!

If you pay an employee severance, you risk having your severance fuel the litigation against your organization, unless you make a general release for the <I>quid pro quo </I>for the severance.

On April 20, 2004, the United States Department of Labor (DOL) announced the final regulations governing overtime eligibility for "white-collar" workers under the Fair Labor Standards Act (FLSA). These long-awaited and heavily-debated final regulations take effect August 23, 2004, 120 days after publication in the Federal Register.