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HR Matters

HR Matters - Volume XII, Issue 132

Labor & Employment News

New FMLA Poster.  It's time to clear off an 8x11 section of wall space to make room for yet another FMLA poster.  This poster notifies your employees about their right to receive military caregiver leave.  Click here for a copy of the poster. Please contact us if you need more information.

Labor Unions Battle Each Other Over Healthcare Workers.  The SEIU (Service Employees International Union) and CNA (California Nurses Association) are battling over their ability to raid the other's members and recruit healthcare workers to be union members. In the latest round, the CNA actually obtained a restraining order against SEIU officers and president to cease and desist from stalking and harassing officers, directors, and staff of the nurses' union.  The unions' focus will likely shift back to finding new members (and increasing dues income), particularly during this election year.

Workplace Health & Safety News

We're the BWC.  We're Here to Help You.  Have your premiums skyrocketed because of one or two expensive claims?  If so, the BWC's proposed "split plan" may interest you.  The proposed "split plan" will weigh more heavily the first 'X' dollars of each claim (e.g., $10,000 to $20,000) than the remaining costs of the claim.  For more information on this, click here.

Immigration News

USCIS Extends Optional Practical Training for F-1 Students from 12 to 29 Months .  Effective April 8, an F-1 student visa holder can work for a U.S. employer under the Optional Practical Training ("OPT") program for up to 29 months.  The new rule applies to foreign nationals attending colleges in the U.S. with an F-1 visa status.  Graduates of a U.S. degree program can work for a U.S. company under the OPT program, and are often subsequently hired by the employer in an H-1B status.  In order to qualify for an extension, both the student and the employer must meet certain very specific criteria.  Consult a Graydon Head immigration attorney, who will help "school" you on the benefits and potential pitfalls of this program!

Employee Benefits & Executive Compensation News

409A Deadline Reminder.  All plans that provide for any deferred payments or compensation (including severance plans, employment agreements, SERPS, change of control agreements, bonus plans, etc.) must be amended for compliance with section 409A by December 31, 2008.  These plans or programs must already be operating in compliance with section 409A.  Please contact a Graydon Head benefits attorney to review your plan or program documents and to provide assistance with operational 409A compliance.

This Newsletter is a periodic publication of Graydon Head & Ritchey LLP and should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult your own advisor concerning your situation and any specific legal question you may have.