Join SHRM's Coordinated Grassroots Effort In Support of NEVA
Federal Legislative Alert! On May 6, SHRM CEO Sue Meisinger will appear before the House Ways and Means? Subcommittee on Social Security to testify in support of H.R. 5515, "New Employee Verification Act" (NEVA).

H-2B Visa Cap Poses Grim Future for Seasonal Business Owners
Small American businesses in industries that rely on foreign labor are facing greater obstacles in 2008 as changes in legislation have cut their available foreign workforce dramatically.

FMLA Expansion Bill Signed into Law
On Monday, January 28, 2008, the President signed into law the first expansion of the Family and Medical Leave Act (FMLA).

Undocumented Workers in America: Implications for Industries across the United States
With this past summer's Congressional debates regarding the introduction of a Comprehensive Immigration Reform Bill, the implications for our nation's workforce became evident. As a result, some corporations have begun preparations to handle the significant compliance and regulatory issues they will face if and when legislation is passed.

Technology: Key to Bridging the Gap Between Legal Services Providers and Today's HR Professional
Today, corporate human resources and legal departments are expected to accomplish more in less time with fewer resources - all without compromising high quality production and performance.

U.S. Supreme Court Broadens Standard for Retaliation Claims Under Title VII 
In a decision certain to increase the already growing number of retaliation claims filed by employees, a unanimous U.S. Supreme Court in Burlington Northern & Santa Fe Railway Co. v. White (No. 05-259), on June 22, 2006, broadened the standards for retaliation claims under federal law.

Employment Law Update 
U.S. Supreme Court Finds Disparate Impact Claim Viable Under ADEA

Employment Law Information Center 
Provided by Seyfarth Shaw LLP. Email NEHRA's employment law information center with your questions. This valuable benefit provides NEHRA members with:

• Clarification of current employment laws, regulations and legal trends
• Advice on best HR practices.

Immigration Law Hotline 
Email NEHRA's immigration law hotline with your questions. This valuable benefit provides NEHRA members with:

Clarification of current immigration laws, regulations and legal trends Advice on best HR practices relating to immigration; and Answers to other discrete immigration law questions that can be addressed in 5-10 minutes

The immigration law hotline does not provide legal advice or legal opinions on any specific facts or circumstances, such as:

• Advice on ongoing or threatened litigation
• Advice on matters involving detailed or significant knowledge of a particular employee or your organization's business, history or policies
• Any legal research, or Copies of legal documents

HR e-newsletter 
A monthly e-newsletter brought to you in partnership with Business and Legal Reports, (BLR) a nationally recognized publisher of legal compliance and training information for professionals in human resources.

SHRM'S HR VOICE - INSIDER Washington, DC and State Insider 
Welcome to HRVoice. HRVoice provides SHRM members with special information bulletins on legislative and regulatory developments as a free member benefit. These monthly documents are designed to inform you about legislative developments.

God Is In The Details: Accommodating Employees' Religious Beliefs
Employees requesting "reasonable accommodation" for a disability are by now a staple of the Human Resources diet, but requests that employers accommodate an employee's religious beliefs are less common entries on the menu.

Machine-Readable Passport Requirements to Take Effect at U.S. Borders 
Starting on June 26, 2005, the Department of Homeland Security (DHS) will require that all persons traveling to the United States without a visa under the auspices of the Visa Waiver Program (VWP) must present a machine-readable passport (MRP).

NEHRA E-lert: Complying with the FTC's New FACTA Rule 
The rule is intended to make sure that any entity – including employers - that handles personal consumer information as part of its business disposes of the information properly.

New Green Card Filing Procedures 
The United States Citizenship and Immigration Services (USCIS) recently announced its improvements in processing Form I-90 (Application to Replace Permanent Resident Card) through the Los Angeles Lockbox.

Starve the Lawyers: Making "Right" Employment Decisions 
Finding and retaining skilled employees is a key to the success of any business, but turnover and the costs of litigating employment related lawsuits emphasize the importance of "getting it right" when hiring from a pool of candidates.

Supporting Employees Who Serve... While They're Away and When They Return Home 
The following provides some highlights of USERRA that employers should be aware of when managing employees who participate in the guard or reserves.

Does This Have To Be In the File? 
Most employers recognize today that well-organized and accurate employee personnel files are necessary to minimize their exposure to employment-based claims.

FLSA FairPay Exemption Questionnaire, provided by SHRM 
This questionnaire serves as a basic outline for an employers initial analysis of positions being considered for exemption under the FLSA and is meant to serve as one of several tools in an employers analysis.

NEHRA Immigration e-lert: The PERM Program 
The Department of Labor's revolutionary, new PERM labor certification program will take effect on March 28, 2005. Click here to learn about the regulation and what employers need to do.

New Federal and State Laws Protect Employees Serving in the Military 
Last month saw two new laws become effective, both of which are designed to provide greater protection for employees who leave work to serve in the military.

NEHRA e-lert: Employers Who Adopt a Form of the DOL's New Model Safe Harbor Policy Can Better Protect Themselves from FLSA Exempt Status Litigation 
The U.S. Department of Labor's Wage and Hour Division has just issued a model "safe harbor" policy under its new Fair Labor Standards Act exempt status regulations. Click here to read more.

The Bells Are A 'Ringing, And Employers Should Be Wary 
Unfortunately, employers need to be aware of potential legal liability arising from these gatherings. Awareness of these issues and some careful planning are the best precautionary measures a prudent employer can take to prevent a "legal hang-over".

NEHRA e-lert: Most New England Employers Not Required To Provide Voting Leave 

Department of Labor (DOL’s) Exempt Status Regulations 
This Management Alert prepared by Michael R. Brown, Legal Advisor to NEHRA, provides a detailed analysis of the new rules and regulations as well as the impact they will have on workers performing services in the United States.

NEHRA e-lert: What do you need to know about HSAs? 
The Medicare Prescription Drug, Improvement and Modernization Act of 2003 added a new section to the Internal Revenue Code, Section 223, that created health savings accounts (HSAs). The following is a summary of key aspects of HSAs.

Deconstructing Visa Processing in a Post 9/11 World
The events of 9/11 have reshaped our world in ways big and small. One change that impacts human resources professionals is the manner in which the United States government, through the Department of State (DOS), has shifted its stance toward awarding ...

Employment Litigation: Side-Effect of the Improving Economy 
In 2004, many employers will return to the hiring market for the first time in three years. Unfortunately, the increase in hiring may be accompanied by a corresponding increase in employment litigation...

NEHRA e-lert of Changing Marriage Laws in Massachusetts 
The following NEHRA e-lert points highlight the issues that Employers must keep in mind as the legal battle unfolds nationally over this thorny issue.

NEHRA e-lert: What Small Employers Need to Know About HIPPA 
HIPAA becomes effective for “smaller” health plans on April 14, 2004. Although employers are not directly regulated under HIPAA, those offering health benefits are ultimately responsible for the compliance of the group health plans they sponsor.

Tips for Planning for Workplace Implications of Same Sex Marriage 
Attached is a compilation of tips and suggestions that will help you help your organization plan for and respond to this change in a productive fashion.

NEHRA e-lert on Proposed Immigration Regulations 
Within the next 5-6 months (DOL) regulations governing the filing and processing of labor certification applications for the permanent employment of aliens in the U.S. and the system for filing and processing such applications could be changed significantly.

A Guide To Workplace Investigations 
Background investigations can be an invaluable tool for avoiding hiring mistakes and preventing worker misconduct. Often, employers must conduct internal investigations of violations of company policy in order to gather the facts that will enable the employer to make good legal and business decisions.

The Rising Cost of Health Care and its Impact on Both Union and Non-Union Employers 
Recent surveys of health care benefits reveal what most public and private sector employers already know that the cost of providing coverage has spiraled out of control in the last few years.

Affirmative Action and Gay Rights Are Alive and Well in the Workplace 
The U.S. Supreme Court ended its 2002-2003 term with its much-anticipated decisions on affirmative action and gay rights. In both areas, the Court surprised observers with the breadth of its rulings.

Top Five Post Sarbanes-Oxley HR Challenges 
This article is designed to highlight five areas where the changes have been the most dramatic and are likely to affect the activities and responsibilities of the human resources department.

SARS Sickens Employment Relationships 
SARS (Severe Acute Respiratory Syndrome) has created a health crisis in certain geographic areas, with potential impact on a wide range of employment-related issues. Employers whose employees may be exposed to this illness must consider how to prepare for and respond to such crises. The attached alert was prepared by Seyfarth Shaw.

An Employer's Guide to Visa Categories, by Carolyn Fuchs Hale & Dorr LLP 

Smoking Ban Requires All Boston Employers to Provide Smoke-Free Workplace for its Employees 
The attached Legal E-lert highlights the smoking ban in Boston and was prepared by Seyfarth Shaw.

Immigration Checklists and Instructions 

Immigration Links
Click here to learn more information pertaining to Immigration

When the Immigration Laws Trump the Labor Laws 
Legal and Legislative Update by Michael R. Brown, Partner Seyfarth Shaw

Immigration Advisory
DOL delivers decisions on H1-B violations. DOJ calls in fourth group for special registration and extends compliance period for certain prior call-in groups.

Is your company prepared in the event of a terrorist attack?
Recommendations from U.S. Department of Homeland Security for individuals and companies for preparations to make in the event of an attack.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) 
With the increasing activation of reservists, employers should now refresh their knowledge of the law in this area. The attached legal e-lert, prepared by the Labor & Employment Law Group at Seyfarth Shaw, is intended to familiarize you with some of the general principles and primary issues addressed by The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Employment Law Update by Michael R. Brown, Partner Seyfarth Shaw
Withholding Executive Severance Pay Based on Misconduct

Legal and Legislative Update by Michael R. Brown, Partner Seyfarth Shaw 

Navigating The Maze Of Overlapping LeaveLaws
Injury, illness, pregnancy or disability, or any combination of these conditions, may occasion a requirement and/or need for an employee’s leave of absence. That requirement or need, in turn, may trigger the application of various state and federal laws that seemingly mandate overlapping or even contradictory responses by the employer. On the federal level, employees are protected by the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On the state level, Massachusetts employers must comply with the state’s anti-discrimination statute (151B), workers’ compensation statute, and the Massachusetts Maternity Leave Act (MMLA). By, Andrew Matzin, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC

Legal and Legislative Update, by Michael R. Brown, Partner Seyfarth Shaw 

Foreign Employee Law Program Electronic Review Management System: US Department of Labor's newest solution for Employment Based Green Card Sponsorship - Quicker but not necessarily better. 
The U.S. Department of Labor's Employment and Training Administration (DOL-ETA) has proposed new regulations to revamp the process by which employer's sponsor foreign employees for Labor Certification and ultimately permanent "green card" status in the United States.

Ragsdale v. Wolverine Worldwide, Inc.: The First Battle in the FMLA War, by Michael R. Brown, Partner Seyfarth Shaw 
Since its enactment in 1993, the Family and Medical Leave Act (FMLA) has bedeviled employers seeking to comply with its almost Byzantine rules. However, they are fighting back. A recent study presented to Congress analyzing lawsuits filed under the statute reveals that there have been 58 federal court cases involving challenges to 11 different FMLA regulations.

United States House of Representatives Directory
House Advisory Information Page

United States Senate Directory
Name, State and Class of Senators

Labor and Employment Law Developments by Michael R. Brown, Partner Seyfarth Shaw 

Summary of Supreme Court Decision - U.S. Airways v. Barnett by Michael R. Brown, Partner Seyfarth Shaw
This is the first Supreme Court case to directly address the meaning of reasonable accommodation under the ADA. Previous cases, including the recent Toyota v. Williams case, focused on the ADA’s definition of disability. Moreover, because Barnett was not covered by a collective bargaining agreement, the decision is significant for all employers – union and non-union alike.

Circuit Court Opinion Highlights Potential of the Computer Fraud and Abuse Act
This opinion has significant ramifications for companies that need to protect their important computer data from unauthorized use from former employees and competitors.

Recent Developments Bring Into Question Severance Agreements and Handbook Disclaimers 
Legal Update

The U.S. Supreme Court Fine-Tunes the Definition of Disability Under the ADA 
"The U.S.Supreme Court issued a landmark decision this week clarifying the definition of a 'disability' protected by the Americans With Disabilities Act. As a result of this decision, a claim of inability to perform a certain job or class of jobs because of an impairment will not be sufficient any longer to bring an employee within the protection of the ADA. Rather, the employee must prove that he or she is suffering from a substantial impairment of a major life activity and that the impairment is permanent or long-term."

10 Tips for Military Leave
Outlined below are the rights and responsibilities that employers and employees have under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA").

Activation of Reservists - Employment Law Update
In response to the September 11, 2001 attacks, President Bush has started the activation of the military reserves, and it is anticipated that over the next months many thousands of reservists will leave their jobs and report for active duty in one of the uniformed services. Many employers will have questions regarding their obligations to employees who may be activated or who volunteer to go on active duty. The following is designed to answer briefly some of those questions.

The ADA and Reassigning Disabled Employees
The Americans With Disabilities Act (ADA) prohibits covered employers from discriminating against qualified individuals with disabilities because of their disabilities with regard to the terms, conditions and privileges of their employment.

New European Union Privacy Rules and HR Compliance 
Human resources managers will have critical roles in helping design and execute privacy policies to comply with the wave of demanding new privacy laws and regulations. These mandates already include the US-EU Safe Harbor Agreement and the Gramm Leach Bliley financial service regulations.

Regulation Of Employee Benefit Plans By The Department Of Labor Under ERISA AND COBRA 
The provisions of Title I of ERISA cover most private sector employee benefit plans. Employee benefit plans are voluntarily established and maintained by an employer, an employee organization, or jointly by one or more such employers and an employee organization.

ADA Job Interview Checklist For Supervisors 
Ask if the person fully understands the job. Describe the job site (location, physical surrounding, etc.).

Pre-Employment Personality Testing: Traps For The Unwary
A significant number of employers utilize a personality or similar type of written test in assessing the suitability of a job applicant.

Arbitration Can be Cheap, Quick Alternative to Lawsuits
In a litigious world, companies are finding arbitration a speedier, less costly way to settle workplace disputes.

Family and Medical Leave Act of 1993 
The Family and Medical Leave Act (S. 5 and H.R. 1) was signed into law by President Clinton on February 5, 1993. The law will go into effect in 6 months (August 5, 1993), and it directs the Department of Labor to issue regulations within 120 days of enactment. The following summarizes the act's major provisions.

Maintaining Interest In Safety 
Maintaining interest in safety is necessary even if the workplace has been engineered for safety, the facility is generally in compliance with OSHA standards, and work procedures have been made as safe as possible.

Visa Categories And The I-9 Form: A Summary For Human Resource Managers 
The president of your company informs you of plans to build a plant in France. The design for this plant includes all the innovations of your newest facility in the United States.

Vermont's New Civil Unions Law - What It Does and Does Not Provide

Employer Liability for Workplace E-Mail and Internet Use by Employees

Make Sure Privacy Policies Are Up to Date
Just having a policy regarding employee use of email, voice mail and the Internet isn't enough to keep companies from running into employee privacy and other problems.

Non-Compete Agreements Protect Valuable Assets
Why should our company have non-competition agreements with employees? If necessary, what would the policy look like; Who should be covered, what should the agreement contain?

What Do the ADA, FMLA and "Fiddler on the Roof " Have In Common?

Workforce Management Policy Can Ease Downsizing Pain

EEOC Gives Guidance on Avoiding Harassment Liability

Employment Practices Audit Can Protect Against Lawsuits
While there's no vaccination against costly harassment lawsuits, one good way to protect yourself is with an effective Employment Practices Audit.

Firms Liable for Telecommuters' Safety

Explore the Benefits of Alternate Dispute Resolution
Do you know what steps you need to take to create an alternat dispute resolution process? Find the answers here.