Expert Compliance Insights & Tips for Businesses

September 9, 2009
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EEOC Writes Lilly Ledbetter Law into Compliance Manual

EEOC Lilly Ledbetter Lilly Ledbetter Fair Pay Act Supreme Court
The Equal Employment Opportunity Commission (EEOC) has codified the Lilly Ledbetter Fair Pay Act into its Compliance Manual, incorporating the law's standard that the statute of limitation on discriminatory pay practices resets each time a paycheck is issued, regardless of when the initial discriminatory pay decision was made. The 2009 Fair Pay Act, to recount, overturned the 2007 Supreme Court...
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September 5, 2009
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American Apparel Gets Audited, Will Lay Off 1500 Illegal Workers

American Apparel E-Verify I-9
Though the Obama administration has dropped the "no match" rule that created a safe harbor for employers who lay off workers whose Social Security numbers don't match their names, the layoff route is still the route of choice for employers who get caught with illegals on their workforce. Such is the case with American Apparel in Los Angeles. A recent audit found 1,600 employees who were illega...
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September 3, 2009
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Low-Wage American Workers Report Widespread Abuse

minimum wage overtime wage abuse wage theft
A study done by the Center for Urban Economic Development, the National Employment Law Project, and the UCLA Institute for Research on Labor and Employment has turned up some startling statistics revealing persistent wage abuse. Surveying 4,300 low-wage workers in Chicago, Los Angeles and New York, the consortium found that: 26 percent reported being paid less than the minimum wage; 76 perc...
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September 2, 2009
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New User-Friendly USCIS Home Page: See It Here First

New USCIS home page sneak peak
You can say you saw it here first (all except for the red border, which is a result of using Vista's snipping tool). It's the revised United States Citizenship and Immigration Services (USCIS) home page, redesigned to make it more user friendly for finding forms and checking on one's immigration processing status. If you want to see more page views along with explanatory text, check out this U...
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September 2, 2009
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Pfizer to Pay Record Criminal Fine

Pfizer Pharmacia and Upjohn
Pharma-giant Pfizer has agreed to pay the largest criminal fine in U.S. history--$1.195 billion--for marketing its drug Bextra for unapproved "off-label" uses. The company ran afoul of the Food, Drug and Cosmetic Act when it chose to market Bextra for purposes other than the anti-inflammatory treatment for which it was approved by the Food and Drug Administration (FDA). Along with subsidiary P...
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September 2, 2009
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Despite Company Bankruptcy, Court Finds Managers Liable for Wages

back wages bankruptcy
The decision may not even resonate outside the court's jurisdiction, but the Ninth Circuit Court of Appeals has found that individual managers can be held liable for former employees' back wages even after a company has gone bankrupt. In a Nevada case, Boucher v. Shaw, former employees sued the CEO and CFO of the bankrupt parent company for back wages. After a District Court dismissal, the Nev...
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September 1, 2009
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September's Here, and So (Probably) Is E-Verify (Finally)

Despite the united efforts of the U.S. Chamber of Commerce and politicians trolling for the future votes of (suddenly amnestied) illegal immigrants, the Department of Labor is implementing the Bush-era mandate for contractors to use E-Verify. Everything E-Verify (unless delayed again or even canceled) thus takes hold a week from today, on Sept. 8, 2009. E-Verify is an online system that checks...
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August 28, 2009
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FLSA Misconceptions About Off-the-Clock Work

DOL FLSA off-the-clock overtime
We've just posted a new white paper in that section on the Personnel Concepts new Web site entitled "Popular Misconceptions," in which we examine the ingenious ways that employers seek to stay off the overtime-pay radar of the Department of Labor (DOL). Let's look at one of those methods: Say Employer A sends 20 hourly employees to training on a Saturday. He calls it "voluntary," but the emplo...
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August 24, 2009
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Welcome to the New Personnel Concepts Blog

If you're here, you probably visited the redesigned Personnel Concepts Web site and saw a blog tab and hit it. Anywhere, you're here, so a few words of welcome are in order. For months, we've been blogging with Blogger and WordPress and experimenting with every wild thought on labor law and OSHA (and a few other topics) to try to drum up some interest in a rather mundane set of topics. In fac...
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August 5, 2009
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Site Opposing EFCA Creates 'Card Checked the Game'

card check Card Checked the Game EFCA
The site called "What Is EFCA?" is pretty gnarly looking, but it's offering a new take on the Employee Free Choice Act (EFCA) with a somewhat interactive presentation called "Card Checked the Game." Behind the site and game, evidently, are two groups called Americans for Tax Reform and Alliance for Worker Freedom. No idea who they are.
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