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E-Verify = increased government scrutiny

by Christine D. Mehfoud The government agencies responsible for immigration-related matters are talking to each other. They are monitoring your E-Verify use and referring anomalies for investigation.   Companies participating in E-Verify expose themselves to increased government scrutiny. U.S. Citizenship and Immigration Services’ (USCIS) E- Verify Monitoring & Compliance Branch (M&C) regularly monitors use of the […]

A Busy Year for the California Legislature; And Now Employers Must Come Up to Speed

California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws.  Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]

How Sponsors Can Change Retirement Plans in Wake of DOMA Decision

By Austen K. Townsend The Supreme Court’s decision on Section 3 of the Defense of Marriage Act in U.S. v. Windsor No. 12-307 (June 26, 2013) raises many issues for employers and other plan sponsors to consider about their qualified retirement plans. Section 3 of DOMA provided that the term “marriage” meant only a legal […]

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HR Comply/Workforce L&D Keynote Talks Hiring and Motivating Workers

We talk a lot about culture these days, and one of the companies that often comes up in those discussions is Netflix, renowned for its special culture. Patty McCord, the architect of that culture and the creator of the Netflix Culture Deck—a popular resource that has over 20 million views—recently sat down with the HR […]

Last-minute Tips for Amending HIPAA Business Associate Contracts

As the transition period for amending business associate agreements draws to a close, HIPAA experts have highlighted some issues for plan sponsors to keep in mind. Under last year’s HIPAA/HITECH omnibus rules, all contracts with business associates must be compliant with the rules by Sept. 22. Obviously, group health plans and other HIPAA-covered entities that […]

IRS Eases Rules for 401(k) Hardship Withdrawals, Loans Tied to Hurricane Sandy

Plan sponsors in areas Hurricane Sandy affected may want to prepare for an increase in loan or hardship withdrawal requests after the IRS on Nov. 16 said it temporarily will relax its rules that apply to such emergency funding for retirement plan participants.  The IRS announced the relief in Announcement 2012-44. Hurricane Sandy should be […]

DOL Rescinds ERISA Guidance Discouraging Sustainable Investments

The U.S. Department of Labor on Oct. 21 reversed 2008 guidance that discouraged retirement plan fiduciaries and their investment advisers from considering environmental, social and governance (ESG) factors when choosing companies for their portfolios. The reversal, made through a new interpretive bulletin that reinstates 1994 guidance, recognizes a growing consensus that fiduciary duty may in […]

Ninth Circuit Again Allows EEOC to Pursue Navajo-Preference Claim

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]