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October 8, 2008
Francis Alvarez, Michael A. Griffin and Joseph J. Lynette
In a sweeping display of bipartisan support, the Senate and the House of Representatives have passed the ADA Amendments Act of 2008. The Senate approved the bill (S. 3406) by unanimous consent on September 11th, and the House, which passed a similar measure (H.R. 3195) by a vote of 402-17 in June 2008, approved the Senate’s version of the bill less than a week later. President George W. Bush is expected to sign the ADAAA into law within the next few weeks. Once signed by the President, the legislation is set to take effect on January 1, 2009.
October 8, 2008
In a highly contested case, the Supreme Court of the United States, in Chamber of Commerce v. Brown, recently addressed the issue of whether a state could enact a statute that restricted employer speech during a union organizing campaign. The California statute at issue in Brown was passed in an effort to undermine the effectiveness of employer opposition in response to union organizing campaigns.
October 8, 2008
Joel Morhman and Andy Cao
California is known as one of the most difficult places to enforce a noncompete agreement. The California Supreme Court’s recent decision in Edwards v. Arthur Andersen LLP reinforces that reputation. Though Edwards interprets California noncompete law, it carries repercussions for employers outside of California.
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White Papers


An Employer's Guide to Health Saving Accounts
Larry Grudzien, J.D., LL.M.
The following provides you, as an employer, with information about Health Savings Accounts (“HSA”) under Code Section 223. You should read this explanation to evaluate whether HSAs are either an alternative to, or in addition to, health flexible spending accounts (Health FSAs) under Code Section 125 or Health Reimbursement Accounts (“HRA”) under Code Section 105(h).

To fully understand the requirements of these new accounts, the following discusses its terms and its advantages and disadvantages over Health FSAs and HRAs in a question and answer format. In addition, a chart comparing both Health FSAs and HRAs with HSAs is included at the end of this explanation.

It is important to remember this explanation is not intended to serve as a substitute for the advice of your lawyer, accountant or other personal tax or financial advisor.

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Industry News


TrendWatcher: Avoiding the Catastrophes of Distrust - HR World - October 8, 2008
There are few, if any, historical periods when trust has meant more than it does today. Just look around. Not only has the recent financial crisis been rooted in a lack of trust in financial instituti...

Legal Counsels Think Election Will Impact Labor Laws - HR World - October 8, 2008
A new survey from the Association of Corporate Counsel indicated that 60 percent of corporate counsels think the presidential election will impact labor and employment laws. (Well, duh!)“With this year’s election right around the corner, ACC and its Employment and Labor Law Committee felt it was timely to survey our members to determine what employment [...]

EVENT: HR Technology Conference - HR World - October 8, 2008
Are you going to the HR Technology Conference in Chicago next week? It’s planned for Oct. 15-17 at McCormick Place.There will be 45 companies announcing new HR-geared products there along with more than 240 companies on hand to pitch to you and answer questions too.Among the announcements:The following product announcements are planned for the event:Aquire [...]

Applicant Brings Parents to the Interview: What Do You Do? - HR.BLR - October 2, 2008
(10/2) If someone brings his or her parents to the job interview, what should you do? "Take it as a sign (a negative one),"advises Bryan D. LeMoine, an attorney with Polsinelli Shalton Flanigan Suelthaus PC, St Louis, MO. Speaking at BLR?s Illinois Employment Law Update, LeMoine was joined by his colleague, Elizabeth T. Gross, Esq., presenting a workshop, "Hiring, Soup to Nuts."

Newt Gingrich's 3 Initiatives to Transform Health Care - HR.BLR - October 2, 2008
(10/1) Newt Gingrich wants to transform health care in America. And the former Speaker of the House has three initiatives for fundamental reform that he shared with an audience of HR and benefits professionals. His proposals include the collection and implementation of best practices, a transition to electronic health records, and an investment in new technologies.

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