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News, trends and analysis in employment law, HR, safety & workers' comp

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Oct 25 2010
Hiring

How would your Form I-9 process hold up in an audit?

fined over $1 million after ICE found “numerous technology-related deficiencies” in their electronic Form I-9 verification system. ICE noted that it found no instances of the company knowingly hiring unauthorized workers, but that “employers are responsible not only for the people they hire but also for the internal systems they choose to utilize to manage…

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Oct 20 2010
Uncategorized

No more need to substantiate business cell phone use

Good news on the tax front: Employers no longer are required to follow strict documentation requirements to verify the business use of employer-provided mobile phones, under a federal law signed by President Obama on September 27, 2010. Also, if an employer provides a mobile phone for business use, the fair market value of an employees…

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Oct 19 2010
Uncategorized

It wasn’t just a nursery rhyme, those bed bugs are for real!

close down due to a bed bug infestation, there was a collective shudder across America. Its hard to believe, but bed bugs are resurging in this country. In case youve never heard of the little critters, bed bugs are small parasites that bite humans and feed on their blood, while making their homes in upholstered…

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Oct 15 2010
CaliforniaLeave Laws

CALIFORNIA: New paid leave for organ and bone marrow donors

new law signed by Governor Schwarzenegger (SB 1304). Employers with at least 15 employees are required to comply with the new law, which also requires employers to restore the employee to the position they held prior to taking the leave. The new law allows employers to require employees to use accrued sick or paid vacation…

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Oct 13 2010
Uncategorized

New employer not a successor under FMLA

The U.S Ninth Circuit Court of Appeals ruled that Dollar Tree Stores wasnt a successor in interest under the federal Family and Medical Leave Act (FMLA) when it took over a lease from Factory 2-U, which had gone bankrupt. Although both companies were discount retailers, Dollar Tree Stores inventory was different, it remodeled the interior…

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Oct 11 2010
Immigration

Some Puerto Rico birth certificates invalid for Form I-9

 

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Oct 08 2010
Employee Benefits

DOL issues more guidance on health care reform implementation

The U.S. Department of Labor (DOL) says it will focus on helping employers and health plans understand and apply the new health care reform law. Recently the DOL posted new guidance on its website. Some of the highlights are: interim regulations state that more than a five percent decrease in the employer’s contribution rate will…

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Oct 07 2010
Uncategorized

Misleading endorsements on iTunes to result in settlement

Employees of a public relations firm who posted glowing reviews of online video games should have disclosed the fact that the firm had been hired by the video game developers, guidelines last year governing online endorsements. If your employees are posting online ratings of a product or service that relates to your business…

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Oct 01 2010
Uncategorized

Angry retort protected by NLRA

The Board ruled in the employees favor for a number of reasons. The company distributed the warnings publicly, to the whole crew, so it was unreasonable for the company to complain that the employees challenged the superintendent publicly. The subject of the employees protest was the enforcement of working conditions that the employees felt were…

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Sep 24 2010
Uncategorized

Accommodations must be effective to be reasonable under the ADA

Tips:1078).

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Sep 22 2010
Uncategorized

Surprise! Men can sue for sexual harassment too

Although it seems obvious, a recent U.S. Ninth Circuit Court of Appeals case took twenty pages to come to the conclusion that men can be sexually harassed just the same as women. Shortly after an airport employee’s wife passed away, his female co-worker began hitting on him. After he told her no thank you, her…

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Sep 17 2010
Employee Benefits

New IRS guidance on reimbursement for OTC drugs

The IRS recently issued guidance on section 9003 of the Patient Protection and Affordable Care Act (PPACA), which prohibits health flexible spending arrangements (FSAs) and health reimbursement arrangements (HRAs) from reimbursing expenses for over-the-counter (OTC) medications and drugs obtained without a prescription (Tips: If Vigilant administers your cafeteria plan, we can amend your plan to…

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