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House passes comp time bill; White House voices support

The U.S. House of Representatives has passed a bill that would allow private employers to offer workers compensatory time off in lieu of overtime pay. The Working Families Flexibility Act of 2017 will now go to the Senate. However, despite having the White House’s support, the bill could face obstacles. The bill H.R. 1180 would […]

New Website from DOL Offers Information on Disabilities

The U.S. Department of Labor (DOL) has launched a new website – Disability.gov – offering information for people with disabilities, their family members, veterans, caregivers, employers, and others. The new site replaces DisabilityInfo.gov and features information about disability-related programs and services as well as social media tools to serve the more than 50 million Americans […]

Employment Law Tip: Direct Deposit—Don’t Force It

Direct payroll deposit can be a real timesaver for employers and employees alike. But did you know that California law prohibits employers from requiring employees to use direct deposit for their paychecks? Specifically, Labor Code Section 213 makes it clear that employers can use direct deposit, but only when the employee voluntarily authorizes it. Additional […]

Promises, Promises: IRS Clarifications on Cafeteria Plans, FSAs, HSAs

Benefits administrators can be forgiven if their response to the IRS’ latest plan to issue guidance on cafeteria plans is “Promises, Promises!” Finalizing cafeteria plan regulations is the most far-reaching benefits-related item on the IRS 2011-2012 Priority Guidance Plan. The agency proposed café plan regs in 2007 and has been saying that it will finalize […]

Wellness Incentives—Are You Following the Feds’ Tricky Rules?

In yesterday’s Advisor, we looked at DOL’s checklist for wellness program compliance. Today, the “paragraph (f)” criteria, plus an introduction to the wellness program guide that boosts the ROI of your program. If you want to institute a wellness program that discriminates based on a health factor (for example, rewards people who have low cholesterol […]

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 […]

Controversy Continues over NLRB Nominee

According to the New York Times, President Barack Obama has reportedly decided to renominate Craig Becker to the National Labor Relations Board (NLRB). Last summer, the President nominated Becker, Mark Pearce, and Brian Hayes to the U.S. Senate to be members of the NLRB. In December, Becker’s nomination was returned to the White House for […]

Ergonomics: CAL/OSHA Considering Petition To Alter Ergonomics Rule

On February 20, 2003, the California Occupational Safety and Health Standards Board held a public meeting to consider a petition filed by the California Labor Federation to alter the requirements of the state’s ergonomic rule. At the meeting, the standards board voted to convene an advisory committee to consider the petition, which seeks to drop […]