Posts Tagged ‘Legislation’

Federal Agencies to Crack Down on Employers Using Foreign Hires


The U.S. Department of Labor (DOL) has issued a press release disclosing the recently formed interagency partnership between the U.S. Department of Justice (DOJ) Civil Rights Division Immigrant and Employee Rights Section (IER) and the DOL’s Employment and Training Administration, Office of Foreign Labor Certification (OFLC) to stop discrimination against U.S. workers and to help…

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Don’t Let Applicant Tracking Systems Trip Up Regulatory Compliance


From restaurant industries to biopharmaceuticals, employers from all types of industries have implemented applicant tracking systems (ATS) for screening and hiring candidates. Some of the advantages of an ATS include central storage, application throttle, and screening capabilities. These benefits don’t come without potential complications, however. An ATS may lead to a number of costly errors…

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Federal Agencies Amping Up U.S. Worker Protections

Federal Agencies Amping Up U.S. Worker Protections

A recent federal interagency agreement is looking to identify potential violations by employers of statutes and regulations governing the processes for seeking employment-based immigrant and non-immigrant visas. Under a recent memorandum of understanding (MOU) between the U.S. Citizenship and Immigration Services (USCIS), and the U.S. Department of Justice (DOJ) announced that “a framework has been…

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U.S. Supreme Court Upholds Current Arbitration Processes

In Epic Systems v. Lewis, the U.S. Supreme Court issued a major ruling for employers that will significantly limit the claims against them brought by employees. At issue was the legality of agreements between employers and employees that restrict the resolution of disputes to single employee arbitration. The Court ruled 5-4 that such agreements are…

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Oregon’s New Scheduling Law Starts July 1


Oregon is the first state to adopt a predictive scheduling law statewide for the retail, food services, and hospitality industries that will go into effect on July 1. S.B. 828, also known as the Fair Work Week Act, pertains to food service, hospitality, and retail establishments that have operations in Oregon and have at least…

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CEO Pay Ratio Disclosures Prompt Reaction


The first of a series of disclosures from public companies comparing CEO pay to that of employees are out as companies work to comply with the CEO pay ratio disclosure rules that are part of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The rule requires public companies to disclose the pay…

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WOTC Survives Tax Reform Legislation


There were many changes to tax law in the recent tax reform legislation passed by Congress in December last year. One important program remained untouched, however, the Work Opportunity Tax Credit (WOTC), which will remain in place until at least the end of 2019. The WOTC is a voluntary federal tax credit administered by the…

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New North Carolina Law Reminder to Avoid Worker Misclassification


On December 31, 2017, the North Carolina Employee Fair Classification Act (EFCA) took effect. The new law allows for heightened investigations into those employers that are allegedly misclassifying their workers as independent contractors rather than as employees. The law allows workers to report potential job misclassification cases to a new division within the North Carolina…

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Workers Seeing Minimum Wage Hikes Across the Country in 2018


While many workers are assessing the benefit of the recent tax reform legislation passed by Congress, which goes into effect for filing 2018 taxes in 2019, many are seeing a real benefit through increases in the minimum wage laws across the country. Starting this month, 4.5 million workers in 18 states and the District of…

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Predictive Scheduling Making an Impact In New York


New York City is implementing new rules that will affect the predictability of workers’ schedules in retail stores and fast food restaurants, becoming the largest city to implement such legislation. These new rules are reflected in a collection of local laws dubbed the “Fair Workweek” legislation (including Int. No. 1387-2016 – applicable only to retail…

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Will E-Verify Become Mandatory for Employers?

The U.S. House of Representatives is considering legislation that would make E-Verify mandatory for employers. The Legal Workforce Act would require employers to use E-Verify, the electronic database to verify employment eligibility of workers, to check the eligibility of job applicants to work in the U.S. before they are hired. Currently, most employers are not…

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New Safe Harbor Rule May Clarify Worker Classifications

Proposed Safe Harbor Rule to Address the Classification of Workers by the IRS

The gig economy has become an important part of our economy. This has increased ambiguity amongst how workers are classified versus the scope of their work. In recognition of this situation, new legislation has been introduced in the U.S. Senate to amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations…

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