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Arizona Voters Pass Health Care Choice Measure

by David I. Weissman, Ford & Harrison LLP Arizona voters resoundingly said “no thank you” to federal health care reform legislation on Election Day, voting in favor of Arizona Proposition 106 by a fairly significant margin. Proposition 106 amends the Arizona Constitution by: prohibiting any law or rule from compelling any individual, employer, or health […]

How Can Wage/Hour Bring Us Down? How Hard Is It?

Yesterday’s Advisor featured common—and egregious—wage/hour missteps; today, four more, plus an introduction to the simple-to-use, popular guide that answers all your FLSA questions. [Go here for failures 1 to 3] 4. Providing inaccurate or falsified payroll records to the government Obviously, providing falsified records is not a wise practice. However, many submitted records are merely […]

Benefits: What Do I Need to Know About the Proposed New Disclosure and Reporting Requirements for ERISA Plan Service Providers?

I know some big ERISA regulations are expected to be issued later this year. Where can I go for more information? — Anonymous in Bakersfield   The U.S. Department of Labor (DOL) plans to release its final regulations on proposed amendments to Section 408(b)(2) of ERISA, the Employee Retirement Income Security Act, later this summer. […]

Woolsey Wants Higher Fines on Employers That Misclassify Workers

Companies that wrongly pay workers as independent contractors, rather than employees, strip workers of benefits and protections and put responsible employers at a competitive disadvantage, according to Rep. Lynn Woolsey, D-Calif., who this week proposed increasing penalties on employers found to have misclassified workers. Woolsey’s bill, The Misclassification Prevention Act, (HR 3178) is the most […]

Exempt/Nonexempt: How Do We Properly Classify Our IT Workers?

I need some help with the administrative exemption as it relates to IT workers. We are a software consulting firm. Each consultant works pretty independently, managing and doing work on their own projects directly with clients. Their work is a mix of upper-level tasks (systems analysis, training, project management) and lower-level tasks (installing upgrades and […]

When Must Employers Comply with New FMLA Leave Requirements?

Update: New FMLA regulations issued by DOL on November 14, 2008 The recently enacted military family leave grants two new types of Family and Medical Leave Act (FMLA) leave to the relatives of military personnel. In short, the law requires employers to provide: 12 weeks of leave to employees who have a spouse, parent, or […]