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|The New Protected Class: Unpaid Interns (Are They Worth the Trouble?)|
Bernard J. Bobber; Foley & Lardner LLP;
September 17, 2014, previously published on September 15, 2014It is a constant challenge for employers to keep up with the panoply of protections afforded to actual employees by federal, state and local employment discrimination and other laws. Beware — there is a new trend afoot that adds yet another layer of compliance complexity. States are beginning...
|Ban-the-Box Bandwagon Requires Application Review|
John F. Birmingham; Foley & Lardner LLP;
September 17, 2014, previously published on September 15, 2014On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications. This follows the EEOC’s scrutiny of the use of criminal convictions...
|Employment Processing Services Halted, Delays Ahead, Due to Restructuring|
Fragomen Del Rey Bernsen Loewy LLP;
September 17, 2014, previously published on September 16, 2014Effective immediately, employers in Morocco will be temporarily unable to obtain work permits and will face delays in future applications, due to the restructuring of the Moroccan Ministry of Employment.
|EEOC Trends - Pregnancy Guidance|
Doris T. Bobadilla, John C. Getty; Galloway, Johnson, Tompkins, Burr & Smith A Professional Law Corporation;
September 17, 2014, previously published on September 2, 2014The EEOC recently released an updated Enforcement Guidance on Pregnancy Discrimination. The EEOC appears concerned that the Pregnancy Discrimination Act of 1978 (PDA) was not being properly followed when viewed in combination with Title VII and the Americans with Disabilities Act. The EEOC took...
|IRS Publishes Draft Instructions for ACA Employer Mandate Tax Forms|
Janis L. Adams, Kate E. Flewelling; Smith Haughey Rice & Roegge, P.C.;
September 17, 2014, previously published on September 10, 2014Although compliance delays mean that employers will not be filing such forms until 2016 (for the 2015 tax year), the US Treasury Department and the IRS released draft instructions on August 28th on the reporting requirements for forms 1094-B, Transmittal of Health Coverage Information Returns, and...
|The Creeping Union Part I: Could a “Micro-Union” Happen to You?|
Gael Y. Hagan, Anne B. Sekel; Foley & Lardner LLP;
September 17, 2014, previously published on September 12, 2014Is it ever too early for a startup business to consider the potential impact of unionized labor on future operations? According to a line of cases stemming from a groundbreaking 2011 National Labor Relations Board (NLRB) decision, the answer is “no.” In fact, as explained below, the...
|District of Columbia Enacts Ban-the-Box Legislation Limiting Employers’ Criminal Background Inquiries on Applicants|
Susan M. Corcoran, Garen E. Dodge, Richard I. Greenberg; Jackson Lewis P.C.;
September 16, 2014, previously published on September 12, 2014A new District of Columbia law prohibits employers from inquiring into a prospective employee’s criminal conviction background on its application and before making a conditional offer of employment.
|Fight for Fifteen: Your Non-Union Employees Have Walked Out. Now What?|
Roger S. Kaplan, Philip B. Rosen, Linda L. Ryan, Timothy J. Ryan; Jackson Lewis P.C.;
September 16, 2014, previously published on September 12, 2014Workers in the fast food industry staged walk-outs on September 4, 2014, in approximately 150 cities across the country. This was the seventh such organized, multi-state walk-out since the movement among fast food workers to obtain a $15 pay rate and union representation started in New York two...
|Employers Cannot Re-Allocate Commission Wages Between Pay Periods to Satisfy the Minimum Wage|
Elissa L. Gysi, Warren J. Higgins; Hill, Farrer & Burrill LLP;
September 15, 2014, previously published on Summer/Fall 2014Employers with commissioned sales people often ask whether they can attribute commission wages paid in one pay period to other pay periods in order to satisfy California’s minimum wage compensation requirements. The California Supreme Court has now answered that question, holding that such...
|California Enacts Mandatory Paid Sick Leave Law|
Duane Morris LLP;
September 15, 2014, previously published on September 11, 2014On September 10, 2014, California Governor Jerry Brown signed into law Assembly Bill 1522, known as the Healthy Workplaces, Healthy Families Act of 2014. With a few exceptions, the new law requires all employers to provide employees performing work in California with paid sick leave, beginning on...