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Get ready to switch to another revised I-9

On July 17, U.S. Citizenship and Immigration Services (USCIS) will release a new revision of Form I-9—Revision 07/17/17 N—to be used for employment eligibility verification. The new form is available on the USCIS’s website. Employers will need to use the new version of the form beginning September 18. Most of the changes will be minor, […]

ADA: Employee Refuses to Engage in Interactive Process, Then Sues

By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C.  Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.

OFCCP issues new rules on hiring of disabled individuals

by Elizabeth Bradley On August 27, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced a final rule intended to promote the hiring and employment of people with disabilities by federal government contractors. The rule makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which […]

Minneapolis employers must prepare for new paid sick leave law

by Dennis Merley In a unanimous vote, the Minneapolis City Council has passed a paid sick and safe leave ordinance that is scheduled to take effect on July 1, 2017. The ordinance covers all employers with one or more employees, but employers with fewer than six employees must provide only unpaid sick and safe leave. […]

DSLE Manual Quickly Updated to Reflect Brinker

Just days after a California appeals court issued the Brinker Restaurant Corp. ruling on meal and rest periods (see our story on the new case on p. 1), the California Division of Labor Standards Enforcement (DLSE) updated its Enforcement Policies and Interpretations Manual to reflect the new legal interpretations the court provided. It remains to […]

FLSA Misclassification Woes: Independent Contractor or Employee?

Properly classifying someone as either an independent contractor or employee is one of the biggest problems employers have when adhering to FLSA requirements. Do you know when it is okay to classify someone as an independent contractor and when they should be classified as an employee instead? DOL Focus: Independent Contractor or Employee "One of […]

Trustee Stuck Holding Fiduciary Bag for Service Agreement Terms

Retirement plan sponsors that have agreements with service providers should be aware of a recent appellate court decision that absolved such providers of fiduciary duty — if a plan trustee exercised final control over the terms of their agreement. Background In Santomenno v. John Hancock Life Insurance Co., 2014 WL 4783665 (3rd Cir. Sept. 26, […]

Social media policy best practices: Electronic monitoring

How do you craft a social media policy and internet use policy that helps to maintain your business image and reputation, your right to duty of loyalty, and your right to privacy without infringing upon your employees’ rights to privacy and freedom of expression? How specific do you need to be in your employee handbooks […]

Court Rejects Government Worker’s Age, Gender Suit

Jeffery Akers was a patent examiner at the U.S. Patent and Trademark Office (PTO). He sought a promotion but didn’t get it. Instead, a younger woman was given the position. Akers believed that his age and gender prevented him from getting the promotion, so he filed a discrimination charge with the Equal Employment Opportunity Commission […]