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Recovery Act Model COBRA Notices Now Available

The Department of Labor has now posted model notices and corresponding instructions in their web site.
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The IRS and Department of Labor post forms, facts, and clarifications of changes to COBRA as a result of the American Recovery and Reinvestment Act of 2009

Last week, we notified you of the substantial changes to COBRA resulting from the American Recovery and Reinvestment Act of 2009 (the "Recovery Act").
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Significant Changes to COBRA Take Effect Immediately Under the New Recovery Act

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 ("Recovery Act").
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New H-1B Filings -- April 1 Deadline

April 1, 2009 is the filing deadline for new H-1B petitions to be made under the USCIS H-1B quota (assuming, as in the past, that H-1B quota availability will be immediately exhausted). USCIS may soon announce a longer filing window, as it did last…
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Proposed Amendments to the ADA

Last week, the Senate and the House of Representatives passed a bill that significantly expands workplace protections for Americans with disabilities.
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Supreme Court Decisions Likely to Result in Increased Number of Retaliation Claims

In two decisions issued on the same day at the end of May, the Supreme Court ruled that employees are protected from retaliation when they complain about discrimination in the workplace, adopting a broad interpretation of workers' rights under two…
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Department of Homeland Security Responds to SSA No-Match

In October, we told you that the United States District Court for the Northern District of California granted an injunction against the Department of Homeland Security's (DHS) new "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter…
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When Drug Policies and Employment Privacy Rights Collide

In a case involving the city of Woodburn, the Ninth Circuit held that an employer's policy of requiring pre-employment drug testing was unconstitutional as applied to the particular position the prospective employee applied for.
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Employer's Liability to Excluding Third Parties from Work Premises

In a case involving the University of Oregon, the Oregon Court of Appeals made a favorable ruling for employers who exclude outside persons from their work premises in response to complaints by employees.
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Revisions and Amendments to the Family and Medical Leave Act

The Department of Labor has released proposed revisions to the Family and Medical Leave Act ("FMLA") regulations.
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Oregon's Domestic Partner Insurance Mandate

On February 5, 2008 the Oregon Insurance Division issued a bulletin mandating that all group health and life insurance policies issued or renewed in Oregon after March 31, 2008 include same-gender domestic partner coverage, if coverage is offered for…
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Employment Law Changes in the New Year

The New Year has arrived! This means that all the statutory changes we discussed in our last two issues are now in full effect.
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More Changes to Oregon's Employment Laws

The countdown has started: 42 days until the New Year! In addition to the statutory revisions we discussed in our last issue, January 1, 2008 will bring the following changes to Oregon's employment relationships.
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Changes in Oregon's Employment Law

The new year marks the start of many important changes in Oregon's employment law.
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Preliminary Injunction Ordered by United States District Court: New DHS "SSA No-Match Safe Harbor" Final Rule Placed on Hold

On October 10, 2007, the United States District Court for the Northern District of California granted a preliminary injunction against the Department of Homeland Security's (DHS) new "Safe-Harbor Procedures for Employers Who Receive a No-Match Letter…
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Negligent Hiring and Retention

Employers must be careful about whom they hire and whom they continue to employ, particularly when an employee exhibits violent tendencies. In such cases, employers must act and act fast.
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New Rules for Retaliation Lawsuits

Employers frequently face the difficult task of investigating the poor performance of an employee who, coincidentally, has made complaints of discrimination or unlawful conduct.
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New Law Adds Conditions to Arbitration Agreements Imposed by Employers

When the Oregon legislature passed new laws on noncompetition and arbitration agreements last month, most employers focused upon the new requirements for enforceability of noncompetition agreements, which we highlighted in a June issue.
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Are Your Employment, Consulting or Separation Pay Arrangements Subject to § 409A Tax Rules?

Action is required! The deadline for amending plans and agreements to comply with the new deferred compensation tax rules is December 31, 2007; companies that have not yet reviewed their arrangements in light of § 409A should do so now.
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Changes Imminent to Oregon Law on Noncompetition Agreements

Employers may soon bid farewell to the days when Oregon's test for enforceability of a noncompetition agreement was as simple as, "did the employee sign the noncompetition agreement upon initial employment or a subsequent bona fide advancement?"
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