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► DLSE Publishes New Domestic Violence Leave Notice

July 19, 2017

As previously reported , in 2016 new legislation (Assembly Bill 2337) was signed into law that amended the Domestic Violence Employment Leave Act and created a new written notice requirement for California employers. Although it has taken some time, the California Division of Labor Standards ...

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► Alert: USCIS Releases a Newly Revised I-9 Form

July 18, 2017

On July 17, 2017, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The new I-9 has a revision date of “07/17/17 N” and an expiration date of “08/31/2019.” Employers can begin using the new ...

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► Information on Overtime Rule Requested by the DOL

July 5, 2017

In a move that hints some type of change may be on the horizon, the U.S. Department of Labor (DOL) has submitted a Request for Information (RFI) regarding the final overtime rule to the Office of Information and Regulatory Affairs. An RFI is an optional step used by governmental agencies when ...

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► High Court Decides Qualifications for ERISA's "Church Plan" Exemption

June 19, 2017

A recent decision by the United States Supreme Court settles a longstanding dispute over the correct statutory meaning of a “church plan” exemption under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA generally requires private employers offering pension plans ...

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► Court Upholds Worker's Right to Post Obscene Facebook Rant

June 16, 2017

The Second Circuit Court of Appeals recently upheld a National Labor Relations Board (NLRB or Board) ruling that an employee's profanity-laced Facebook post attacking his supervisor and the supervisor's family was protected activity. Background Pier Sixty, LLC, operates a catering ...

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► Guidance Rescinded on Joint Employment and Independent Contractors

June 14, 2017

On June 7, 2017, the U.S. Department of Labor (DOL) announced the withdrawal of the Obama administration's informal guidance on joint employment and independent contractors.  Although the guidance documents were not binding law, they greatly expanded joint employer liability and narrowed ...

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► Reducing Risk by Conducting Effective Workplace Investigations

June 12, 2017

Failure to properly investigate wrongdoing in the workplace can be costly. In cases of theft or fraud, it's important to investigate to stop property losses. And in cases of alleged discrimination, a prompt investigation is critical. It's important to stop any inappropriate behavior and ...

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► Workplace Drug Use Hits 12-Year High

June 9, 2017

Drug use in the American workforce has reached the highest positivity rate in 12 years, according to an analysis of more than 10 million workforce drug test results recently released by Quest Diagnostics, a provider of diagnostic information services. The trend in workplace drug use shows ...

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► What Pay Deductions Are Allowed Under the FLSA?

June 7, 2017

Federal regulations contain relatively few restrictions addressing pay deductions, especially when compared to the laws in many states. Under the Fair Labor Standards Act (FLSA), almost any deduction is permitted, even, in some cases, if it reduces the employee's pay below the minimum wage. ...

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► Cost of Parental Leave Plan Likely to Be Passed Onto Employers

June 2, 2017

In his latest budget proposal, President Trump calls for 6 weeks’ paid leave for new parents. Although the employee wage replacement that comes with the leave would be paid out by states, experts say states will have to draw at least some of the funding from businesses. The program ...

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