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February 2010The media’s focus on worker classification – which has often suggested that businesses are deliberately taking advantage of poor, uneducated workers to deprive them of employee benefits and the government of tax revenues – is largely biased and inaccurate. In fact, the issue is much more complicated and nuanced. Enforcement has become very aggressive, and businesses and workers both have become increasingly frustrated by the lack of clarity in the law.
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February 2010With the recent release by the Equal Employment Opportunity Commission (EEOC) of its charge statistics for fiscal year 2009, the realization emerged for many that an increased number of employment-related claims may be more than a blip on the radar screen. The trend has become a standard: the ongoing increase in discrimination charge filings accompanied with an increase in EEOC enforcement requires that employers broaden their efforts to maintain a discrimination-free workplace. What can your organization do to pioneer new initiatives that set strong boundaries, strengthen mutual respect, and generate tolerance within your workforce?
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January 2010As the U.S. Congress and the White House finalize sweeping health care reform legislation that reconciles the House-passed and Senate-passed bills, employers should be prepared for significant new requirements that could fundamentally alter the nature of employer-sponsored health care. There are ten key questions employers should consider as they analyze the implications of the overhaul of the nation’s health care system.
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December 2009Two separate pieces of recent administrative guidance, both dealing with health risk assessments (HRAs) threaten the viability of certain aspects of wellness initiatives. First, the EEOC has issued an opinion letter ruling that requiring employees to complete an HRA as a condition of reimbursements under an employer-provided health reimbursement account may violate the Americans With Disabilities Act. Separately, the final interim regulation issued in in October under the Genetic Information Nondiscrimination Act of 2008 (GINA) all but outlaws requesting, requiring or collecting genetic information as part of an HRA for the purposes of obtaining an incentive under a group health plan. These restrictions on HRAs may frustrate employers’ efforts to promote the health and wellness of their employees and control medical costs.
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August 2009The U.S. Supreme Court decision in Ashcroft v. Iqbal did not garner much attention when it was first decided but is implications on the ability to have cases dismissed in the early stages in district court are just now being felt. The court's decision along with other precedent, radically changes the rules of pleading in all civil cases and make it much easier for a federal judge to dismiss a complaint in the initial stage of the lawsuit.
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July 2009President Barack H. Obama's designation of Wilma B. Liebman as Chairman of the National Labor Relations Board, as well as the likely confirmation of nominees Craig Becker, Mark Pearce and Brian Hayes as a "package," will result in the Board being at full strength with five members for the first time in years. The backgrounds of the current and future Members of the Board, as well as their writings, indicate that the current state of labor law may change significantly during the new "Obama Board," affecting both unionized and non-union employers. A review of recent opinions in noteworthy decisions issued by the Bush Board may therefore provide some insight into policy shifts that may occur under the Obama Board in the coming months and years, especially in the areas of human resources policies and procedures, Weingarten rights of non-union employees, voluntary recognition, supervisory status, corporate campaigns, the ability of unions to engage in secondary activity through the use of banners, and the ability of employers to limit non-employee access to their premises.
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June 2009The Internal Revenue Service (IRS) has recently added important guidance to its Employee Plan Team Audit (EPTA) website that is very helpful to retirement plan sponsors and retirement plan administrators. This article summarizes the important features of these IRS materials.
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April 2009With the increase in claims filed with the EEOC, and the downturn in the economy, it is not the time for companies to abandon their training efforts. This article offers practical and proactive steps that organizations can take in order to set up their first - and best - line of defense.
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April 2009Updated analysis of the types of furloughs and cost-cutting solutions employers can implement without jeopardizing the exempt status of executives, administrative and professional exempt employees.
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April 2009With a new June 30, 2009, effective date for the Federal Contractor E-Verify Rule approaching, employers with federal contracts, and in some instances state contacts, should become familiar with the E-Verify requirements and begin the process of enrolling in E-Verify where applicable. This Littler Insight provides a basic guide on issues to be considered and steps for employers to take to prepare for the new rule.
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March 2009An internal SEIU conflict led to the ouster of the leadership of one of its largest local unions in California and the formation of a rival union. The face-off between the two unions raises significant legal issues affecting numerous California health care employers.
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December 2008In these tough economic times, employers are faced with difficult decisions when trying to reduce operating expenses. Employers are looking for lawful alternatives short of laying off employees. Options discussed in this ASAP include mandatory furloughs and reduced workweeks. Both options need to be implemented so as to avoid violating state and federal laws.
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November 2008Traditional year end employer gifts to employees are generally treated as supplemental wages and subject to income and payroll taxes. This Insight provides employers guidance on giving taxable and nontaxable gifts to employees this year end.
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October 2008As the current economic crisis escalates and governmental plans to provide billions of dollars to intervene in the capital markets take shape, financial institutions and other businesses are being forced to restructure their operations through merger, acquisition or reductions in force. There are several, critical employment law issues that must be taken into account in any organization’s plan to address the new economic realities especially if reductions in force are a part of the organization’s strategy.
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October 2008With fraud still an issue for many businesses worldwide, several new legal trends are emerging to encourage employees to report wrongdoing to their employers including expanded protections for whistleblowers and new retaliation claims.
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September 2008While the current litigation over "no-match" letters drags on, employers should also be aware that the Social Security Administration may send other categories of letters when it determines a mismatch in information relating to an employee's reported wages. This Insight addresses the three most common SSA letters and provides guidance on how employers should respond to them.
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July 2008Tuberculosis was once the leading cause of death in the United States but with advancements in medicine and public education efforts, TB rates in the U.S. steadily decreased from the 1950s to the 1970s. However, between 1970 and 1992, the country let its guard down, and the number of TB cases increased. Since 1992 with increased funding and attention to the TB problem, there has again been a steady decline in the number of new TB cases. However, TB is still a problem, more than 14,000 cases were reported in 2005, and employers have specific obligations when it comes to handling employees with TB in the workplace.
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July 2008CDC issues "Proposed Considerations for Antiviral Drug Stockpiling by Employers in Preparation for an Influenza Pandemic." Employers who decide to buy antiviral drugs must: (1) decide whether to stockpile for outbreak prophylaxis, exposure prophylaxis, or treatment; (2) develop an appropriate level of stockpiling, (3) select the mechanics for maintaining and distributing the stockpile, and (4) develop procedures in light of the employment law issues surrounding the allocation and distribution of limited resources.
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September 2007An employer-sponsored leave-sharing program allows an employee to donate accrued hours of paid vacation, or personal and potentially sick leave for the benefit of other employees who are in need of taking more paid leave than is available. This Insight provides a brief employer's guide to establishing and running a leave-sharing program, including establishing and maintaining such a plan in conformity with IRS requirements and various financial and administrative considerations for the employer, the donor and the donee employees.
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September 2007New notice-of-security-breach laws can transform misdirected e-mail, stolen laptops, and other potential security incidents into a major legal compliance challenge for employers.
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August 2007Section 409A of the Internal Revenue Code imposes wide-ranging restrictions in connection with many pay arrangements that in one form or another, defer compensation. These include many types of payments under employment agreements, severance arrangements and agreements to settle litigation. A great number of existing arrangements will need to be amended in 2007 in order to remain compliant with the law.
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August 2007From coast to coast, changes are in progress in state laws governing the enforcement of noncompete agreements and the provisions therein. Meanwhile, courts are not sitting idly by and employers would be wise to take heed of these changes, evaluate their current use of noncompete provisions.
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July 2007Recent court decisions provide guidance regarding issues that employers must consider when drafting releases for current or former employers. This Insight article addresses claims that cannot be released by agreement of the parties, required "carve-outs" from releases, and the content of informational disclosures under the OWBPA. Failure to comply with legal obligations, some of which are discussed in this Insight, can invalidate the release and allow employees who signed the release to nevertheless sue their employers.
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June 2007Does the right of trade unions to defend their members' pay and working conditions trump the free movement of labor in the European economy? Does European Community law allow trade unions to block a company from relocating to another member state in order to take advantage of a lower cost base? How can the freedom of companies to set up business and provide services anywhere in the European Union – principles that underpin the concept of a single European market – be reconciled with the fundamental right of trade unions to take collective action that can effectively block the exercise of those freedoms? Can collective action, such as a strike or boycott, be justified as an overriding "fundamental right" even if it has a directly discriminatory effect? Top legal advisors at the European Court of Justice grappled with these and other thorny questions implicating core European legal principles late last month. In two recently issued advisory opinions, the Advocates General responsible for two critical labor law cases offered clues as to how the European Court of Justice may rule on these weighty questions in the coming months.
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May 2007Employers should take special care before terminating the employment of military reservist employees who have been on active duty for more than five years of cumulative service.
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April 2007In a unanimous decision, the California Supreme Court in Murphy v. Kenneth Cole Productions has found that Labor Code section 226.7's "additional hour of pay" for missed meal and rest periods is a wage and not a penalty.
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April 2007In a new wave of federal court class action lawsuits, plaintiffs claim that 401(k) fiduciaries (employers and service providers) are draining off revenues from trust accounts in exorbitant "revenue sharing" arrangements. This Insight discusses the claims being made in these lawsuits and what employers and plan fiduciaries should do now.
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March 2007All of these legislative proposals have significant and far-reaching consequences for employers from the perspectives of systems, compliance, withholding and others. Continued monitoring of these proposals is recommended.
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March 2007Proposed legislation in California would require employers to verify employee's social security numbers through the Social Security Administration and file a report each year with the California Franchise Tax Board. The bill also offers a tax credit for correctly reported social security numbers and a penalty for not reporting false or fraudulent social security numbers.
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March 2007The House of Representatives passed the Employee Free Choice Act on March 1, 2007 by a vote of 241-185. The Act soon will be introduced in the Senate, where considerable debate is expected.
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October 2006State and local governments are regulating health care, incrementally adopting elements of President Clinton's failed plan along with other reform proposals to expand access to health insurance. This Insight focuses on what these governments are doing and how their laws affect employer-provided medical benefits.
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October 2006In an opinion letter with broad implications in the financial services industry, the Department of Labor held that the subject mortgage loan officers were exempt administrative employees.
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September 2006Large food and beverage employers must understand how to deal with employees' tipped income. The IRS recently announced a new program to assist with employers' and employees' compliance obligations. This Insight reviews tip reporting obligations and IRS programs to assist with those obligations.
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September 2006Developments over the last year may invigorate the recent wave of RICO/IMMIGRATION test lawsuits blaming employers for attracting large numbers of illegal workers into an area: a January $1.3 million settlement in Washington, a new Supreme Court decision on the "direct harm" requirement of RICO, and an expansion of the attack beyond RICO to antitrust accusations. Employee class actions and competitor attacks are also looking to creatively craft predicate RICO acts and antitrust restraints out of not only criminal immigration acts, but also alleged wage and hour violations in the payment of illegal workers by employers and their labor suppliers.
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August 2006A California Appellate Court holds that the parties to a contract can agree that any future dispute they may have will be decided by a judicial referee, even though such an agreement serves as a predispute waiver of the right to a jury trial.
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May 2006Having ruled mock funeral processions are unlawful secondary boycotts, the NLRB is poised to decide whether two other union tactics - displaying giant inflatable rats and large banners - violate the secondary boycott law.
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March 2006Employers must know how to address both regular and "unusual" changes and requests concerning exemptions and personal allowances reflected on employees' W-4 forms. This Insight provides background on the issues and guidance to employers dealing with "unusual" tax withholding requests.
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January 2006For employers who receive IRS wage levies, compliance may seem daunting. This Insight provides practical information to employers for dealing with IRS wage levies, including how a levy gets issued, an employer's obligations for compliance, the proper method to calculate amounts exempt from the levy, and how to respond to employees that insist that the levy be ignored.
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October 2005With the release of the movie North Country, America's attention is once again focused on sexual harassment issues in the workplace but this is nothing new for employers and many are prepared for the extra scrutiny.
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August 2005Recently, many funds have experienced ballooning withdrawal liability and some have come dangerously close to funding deficiencies. This Benefits Insight reviews what withdrawal liability is, how it affects employers, and how employers may avoid triggering an assessment of withdrawal liability.
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July 2005In a slew of new class actions, plaintiffs are trying to prove that an illegal criminal enterprise composed of employers, recruiters, and staffing companies are together benefiting from the increased population of illegal workers brought to the area.
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March 2005Suffering "HIPAA Privacy Rule fatigue," many Human Resources (HR) professionals have passed compliance responsibilities on to Information Technology (IT) Departments. Littler outlines the need for HR staff involvement and ways to prevent costly and embarrassing security incidents.
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March 2005In a remarkable, speedy bipartisan effort, lawmakers passed this Act, which targets class actions filed in "magic" or "magnet" jurisdictions much more likely to certify proposed classes. Littler offers an in-depth analysis of the Act and its favorable, but limited, impact on employers.