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Exempt vs. Non-Exempt: California Supreme Court Verdict on Overtime

In a long-awaited decision, the California Supreme Court has unanimously held that California-based employers must pay overtime to certain nonresident employees who spend time working full days or weeks in the state – and that the failure to do so can provide the basis for a claim under the state unfair competition law (Sullivan v. […]

HHS to Step Up HIPAA Privacy Enforcement in ‘Abject Failure’ Cases

The U.S. Department of Health and Human Services (HHS) is refocusing its HIPAA privacy enforcement efforts on seeking monetary penalties in cases of “abject failure” to comply, the head of HHS’ Office for Civil Rights (OCR) indicated. “The majority of matters we handle are going to be resolved through education” as they have in the […]

New regulations delay ACA’s ‘play or pay’ provision for some employers

In yet another unexpected turn in the implementation of the Affordable Care Act (ACA), the Obama administration announced Monday that it is delaying the application of the law’s employer responsibility provision (also commonly referred to as the “play or pay” provision) for some small employers until 2016. The administration let the public know about the […]

Sexual Harassment: McDonald’s Teen Employees Settle Lawsuit

GLC Restaurants, Inc., which operates McDonald’s restaurants in Arizona and California, has agreed to pay $550,000 to eight female teenage workers who were sexually harassed by a middle-aged male supervisor. The lawsuit, filed by the U.S. Equal Employment Opportunity Commission on behalf of the young workers, charged that the supervisor was a repeat offender who […]

NLRB’s Decision to Hold Vote on Quicker Elections Drawing Fire

The National Labor Relations Board (NLRB) has decided to hold a vote on November 30 on portions of a controversial proposal that would speed up union elections. That decision is sparking outrage among foes of the measure. “This announcement confirms what we’ve suspected all along: the Obama NLRB is determined to impose a flawed rule […]

Theft: Can We Deduct the Cost of a Loss from the Whole Team?

We have agreed to operate on a team basis in our organization. We share workload, bonuses, etc. Now we’ve got a problem. We think someone on the team has stolen something from the office, but no one will admit to the theft. May we deduct a certain amount from each employee’s check to cover the […]

A Tool to Keep Line Managers in Line with HR

How do you make line managers follow proper HR procedure when their heads are into everything but? Check out this answer. Yesterday’s Daily Advisor offered a checklist to be sure your policy on leave meets the complex standards of the Family and Medical Leave Act (FMLA). As FMLA changes, as it likely will during the […]

Employers Welcome IRS Deferral of Health Care Reform’s W-2 Reporting Requirement

The IRS recently issued Notice 2010-69, which defers the Form W-2 reporting requirement found in the Patient Protection and Affordable Care Act (PPACA) by clarifying that such reporting won’t be mandatory for W-2s issued for 2011. The provision in the PPACA that addresses this W-2 reporting was designed to be effective for taxable years beginning […]

State Actions Reshaping Minimum Wage Debate

A wave of state minimum wage increases and proposed bills is reshaping efforts to raise the federal minimum wage. Dozens of states have taken up minimum wage bills over the last year, with five states — Connecticut, Delaware, Maryland, Minnesota and West Virginia — passing measures in the last few months. According to the National […]