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On September 3, 2008, the EEOC issued "a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues."  The guidance contains a brief introductory section that includes some general legal requirements and definitions and then sets forth 30 questions and answers on various…

Businesses face increasing uncertainty over the availability of financing because of the economic downturn and tightening of credit markets.   Financially troubled businesses may need to curtail operations through a plant closing or mass layoff if additional financing is not received. Employers need to manage compliance with the Worker Adjustment and Retraining Notification Act (WARN) as their…

Target Corp. has agreed to pay $6 million in damages to plaintiffs in California unable to use its online site as part of a class action settlement with the National Federation of the Blind. The issue centers on the Americans with Disabilities Act’s requirements that retailers and other public places to make accommodations for people with…

The Department of Health (DOH) released additional Guidance and an application for an exemption for drinking establishments, cigar bars, and tobacco shops under Pennsylvania’s Clean Indoor Air Act (CIAA). The DOH information tangentially addresses the cross over between the prohibition on smoking in “workplaces” that may also be exempt “drinking establishments”.  For example, the law…

In Makky v. Chertoff, the Third Circuit Court of Appeals recently addressed the importance of objective job qualifications in evaluating the merits of a discrimination claim. Employers that establish clear baseline standards for position through their job descriptions, advertisements and other records are better able to defend discrimination claims by showing that the applicant…

The Pennsylvania Department of Health (DOH) has issued Guidance in preparation for the September 11, 2008 effective date of Pennsylvania’s Clean Indoor Air Act (CIAA). The Guidance has the following noteworthy provisions and references collateral documents:

  • Owner/Employer Compliance Toolkit:  Additional guidance will be available in a Toolkit which will be available on the DOH website

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On June 17, 2008, President Bush signed into law the Heroes Earnings Assistance and Relief Tax Act of 2008 (the "HEART Act"). The HEART Act extends or modifies several tax and retirement benefits for active-duty and former military service members, and employers and plan administrators should be familiar with its provisions.

Retirement Plans

            Currently, for…