The Department of Labor (DOL) has recently published proposed regulations under the Employee Retirement Income Security Act (ERISA) to expand the definition of who is a fiduciary with respect to employee benefit plan investment advice. Service providers will bear the immediate costs of these new regulations through compliance efforts and the need to purchase fiduciary… Continue Reading
Monthly Archives: November 2010
New Employee Protections Under the Arizona Medical Marijuana Act
Posted in Discrimination, State LawIf your company employs an individual who moonlights on the weekend as a volunteer at the new medical marijuana dispensary, can that individual be terminated for that reason? No, at least not in Arizona. With the passage of the Arizona Medical Marijuana Act, cardholders under the Act are now protected from discrimination. For more information regarding the new Act… Continue Reading
Will Recent New York Court of Appeals Decision Temper State Agency Fervor Over Worker Misclassification?
Posted in State LawWorker misclassification issues in New York are in the spotlight again, thanks to a recent decision from the state’s highest court in Matter of Empire State Towing and Recovery Association, No. 160 (N.Y. Oct 26, 2010). This unemployment insurance case grew out of an audit of Empire by the New York Department of Labor ("DOL"),… Continue Reading
Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants
Posted in Legislation, Restrictive Covenants, State LawOn November 2, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non-solicitation and non-disclosure covenants in Georgia.
What the California Election Means to Employers and What They Can Do
Posted in Legislation, State LawThe California election results are unlikely to signal that “Happy Days Are Here Again” for California employers. Companies with California employees should start reviewing their compliance processes and risk management measures.
Ballot measures guaranteeing secret ballot in union elections pass in four states
Posted in LaborYesterday, voters in Arizona, South Carolina, South Dakota, and Utah voted in favor of ballot measures that would guarantee the right to a secret ballot in union elections. These measures represent an effort at the state level to nullify the card check provisions of the proposed Employee Free Choice Act that has been pending in Congress… Continue Reading
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