Expert Compliance Insights & Tips for Businesses

January 5, 2012

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Obama Averts NLRB Shutdown, Makes Three Recess Appointments

When member Craig Becker's appointment expired this past Dec. 31, the National Labor Relations Board (NLRB) was reduced to two members and thus, according to a Supreme Court ruling, unable to issue rulings. With the U.S. Senate in recess, President Obama used his powers yesterday to make temporary appointments, securing seats for Sharon Block (Democrat), Terence Flynn (Republican), and Rich...

January 4, 2012

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DOL's FMLA Forms Expired on Dec. 31 But Can Still Be Used

According to the provisions of the Paperwork Reduction Act of 1995, the Office of Management and Budget (OMB) must approve all federal government forms and assign them expiration dates. Thus the Family and Medical Leave Act (FMLA) forms issued by the Department of Labor (DOL) in 2008 (when new regulations were issued) on Dec. 31, 2011, met their three-year duty date on and have expired. The DOL...

January 3, 2012

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Georgia Mandates E-Verify Use by Firms With 500 or More Employees

On New Year's Day, an E-Verify mandate took hold in Georgia for firms with 500 or more employees. The mandate will progressively expand so that, by July 2012, firms with 100-499 employees will be required to employ E-Verify, and by next January all companies with 11 or more employees will be covered. Companies with 10 or fewer employees will remain exempt. E-Verify is an online database sys...

January 1, 2012

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Connecticut Becomes First State with Paid Sick Leave Policy

Connecticut today becomes the first state in the nation to have a paid sick leave policy on the books. The law applies to firms with 50 or more service workers. Because of the confusion over what constitutes a service worker, the state Department of Labor has been involved in an ongoing outreach program to educate business owners and human resource managers. Another seminar in the outreach effo...

December 31, 2011

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2011 a Record Year for I-9 Audits and Prosecutions

Immigration and Customs Enforcement (ICE) officials issued 2,393 form I-9 audit notices in 2011, a 375-percent increase from 2008, the last year of the Bush administration. In addition, ICE arrested and prosecuted 196 business owners, executives and human resource managers for immigration violations in 2011, surpassing the previous high of 135 in 2008. The trend toward increased enforcement is ...

December 30, 2011

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California Wage Notification Law Takes Effect Jan. 1

Much like New York's Wage Theft Protection Act (WTPA), California has enacted legislation taking effect this Jan. 1 that mandates employees to notify non-exempt employees of their wage guarantees and protections. With the same name as its New York counterpart, the Golden State mandate applies to new hires and requires employers to inform these newcomers of the following: Their rate of pay...

December 29, 2011

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States Receive Nearly $300 Million in CHIPRA Performance Bonuses

Twenty-three states that have implemented at least five of eight programs to streamline children's health insurance coverage and meet enrollment targets will receive more than $296 million in federal performance bonuses, the Health and Human Services (HHS) Department announced Wednesday. The performance bonus payments are funded under the Children’s Health Insurance Program Reauthoriz...

December 27, 2011

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New York's Wage Theft Act Set to Launch Jan. 1

New York's Wage Theft Prevention Act (WTPA) takes effect on Jan. 1, 2012, giving employers until Feb. 1, 2012, to provide their employees with the following information in writing: Their wage rate, and how it is computed (hourly, salaried, commissioned, etc.) Their overtime rate, if applicable The company's pay dates The company's name and DBAs, and its main physical address an...

December 23, 2011

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NLRB Heeds Judge, Delays Employee Rights Poster Mandate Until April 30, 2012

BREAKING NEWS: The National Labor Relations Board (NLRB) has agreed to delay the implementation of its Employee Rights Poster mandate until April 30, 2012, giving the legal system time to hear challenges. This development follows closely upon our earlier advisory that a district court judge had beseeched the board to reconsider its Jan. 31, 2012, implementation date.

December 23, 2011

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Judge Asks NLRB to Reconsider Employee Rights Notification Mandate

A district court judge in Washington, D.C., has asked the National Labor Relations Board (NLRB) to reconsider its Jan. 31, 2012, mandate for all U.S. businesses to post an National Labor Relations Act (NLRA) Employee Rights notification. The judge issued his request in the face of mounting legal challenges over the new poster. With no NLRB reconsideration, the official deadline of Jan. 31, 2012...

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