EEO-1 Deadline: Reporting Wage Information

Pay data reporting is on the way for employers. This is particularly true as momentum around equal pay continues to build. At the federal level, on September 30, 2019, the EEOC is requiring employers to provide additional employment data on … Continue reading

Posted in EEOC, Federal Contractor, Pay | Tagged , ,

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California’s Deadline for Giving Newly Required Sexual Harassment Prevention Training Was Extended

On August 30, 2019, Governor Gavin Newsom signed SB 778 into law. This bill not only clarifies certain aspects of the expanded sexual harassment prevention training requirements but also, and most importantly for many employers, extends the deadline to January … Continue reading

Posted in California | Tagged , , ,

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Immigration Alert: USCIS Says Continue to Use Current Form I-9 Past Expiration

USCIS released a message that employers for now should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current form came into effect on July 17, 2017 and is set … Continue reading

Posted in Hiring, Immigration | Tagged , ,

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Proposed New FMLA Forms Under Review

The U.S. Department of Labor (the “DOL”) is revising its optional-use notice forms under the Family Medical Leave Act (the “FMLA”).  The DOL has reported that the changes are being made to increase compliance with the FMLA, make the forms … Continue reading

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Employers May Prohibit Employees From Opting In To Class Actions

Last year, in Epic Systems Corp v. Lewis, the Supreme Court held that employers act lawfully when they require employees, as a condition of employment, to enter into agreements with the employer waiving their rights to pursue employment claims through … Continue reading

Posted in Arbitration, Class Action, NLRB | Tagged , ,

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Common and Costly Employer Mistake: Not Paying Overtime Premium on Incentive Compensation

Most employers know that the Fair Labor Standards Act (“FLSA”) requires minimum wage and overtime to be paid to employees unless they are exempt. A common mistake, however, is when employers fail to properly factor certain incentive compensation into non-exempt … Continue reading

Posted in DOL, FLSA | Tagged , ,

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Intermittent Strikes Are Not Protected

A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. The NLRB  reaffirmed established law that a series of … Continue reading

Posted in Labor, NLRB, Unions | Tagged , , ,

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Mid-Year Immigration Update—Important Changes Impacting Your Employees

The government’s interpretation  and enforcement of this country’s immigration laws and regulations continue to change at a dizzying speed, leaving many employers scrambling to keep their foreign national employees in status and able to continue working for them. This is … Continue reading

Posted in Immigration, Social Media | Tagged , , ,

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Scalia Fills Labor Role

Just as businesses were expressing cautious optimism over the interim replacement of Labor Secretary Acosta by veteran GOP operative and business ally Patrick Pizzella,  on July 18, 2019 the President announced plans to nominate business attorney Eugene Scalia to fill … Continue reading

Posted in Labor, NLRA, NLRB | Tagged , , , , ,

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Concerted Activity or Mere Griping?

Employees have the right to engage in concerted activities, and employers commit unfair labor practices if they retaliate against employees for engaging in those activities. It is important to understand the concept of concerted activity. In order to find that … Continue reading

Posted in Labor, NLRA, NLRB | Tagged , , ,

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