South Carolina's new Illegal Immigration Reform Act requires South Carolina employers to participate in federal work verification programs. Employers who do not participate or fail to verify their employees' work status face harsh penalties up to and including permanent revocation of the ability to employ workers in South Carolina.

The USCIS has reinstated the June 5, 2007 version of Form I-9 effective immediately.

Rhode Island's new Family Military Leave Act requires Rhode Island employers to provide unpaid leave and reinstatement to qualifying spouses and parents of servicemembers.

In State v. Lynch , 287 Conn. 464 (2008), the Connecticut Supreme Court upheld the criminal conviction of an employer who failed to pay wages. The court held that an employee's agreement to defer the accrual of wages, until the employer can afford to pay them, does not absolve the employer from criminal liability for wages that are already past due at the time of the agreement.

The Ninth Circuit ruled that receipt of a no-match letter, without more, is not "constructive knowledge" that an employee is undocumented, reinstating and awarding backpay to 33 employees terminated for failure to resolve no-match letters.

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Missouri becomes the most recent state to require E-Verify for certain employers. The new law also prohibits all Missouri employers from knowingly hiring or continuing to employ unauthorized aliens.

In a closely followed and widely anticipated decision, the U.S. Supreme Court recently held that employers bear the burden of proving a legitimate, nondiscriminatory "reasonable factor other than age" in defending a disparate-impact claim under the Age Discrimination in Employment Act (ADEA). The impact of the decision is anticipated to make it easier for older workers to establish that they were subjected to age discrimination, particularly in instances where disproportionate numbers of employees age 40 or older lose their jobs in a reduction in force (RIF).

In a closely followed and widely anticipated decision, the U.S. Supreme Court recently held that employers bear the burden of proving a legitimate, nondiscriminatory "reasonable factor other than age" in defending a disparate-impact claim under the Age Discrimination in Employment Act (ADEA). The impact of the decision is anticipated to make it easier for older workers to establish that they were subjected to age discrimination, particularly in instances where disproportionate numbers of employees age 40 or older lose their jobs in a reduction in force (RIF).

A recently passed New Hampshire law eliminates the motor carrier exemption to state overtime laws and changes overtime pay calculations for delivery drivers, sales merchandisers, and employees who are paid salary and commissions.