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Exempt/Nonexempt: How Do We Properly Classify Our IT Workers?

I need some help with the administrative exemption as it relates to IT workers. We are a software consulting firm. Each consultant works pretty independently, managing and doing work on their own projects directly with clients. Their work is a mix of upper-level tasks (systems analysis, training, project management) and lower-level tasks (installing upgrades and […]

Social Security Administration No-Match Letters Back On Again

The Social Security Administration (SSA) resumed sending “no-match” letters to employers this month, three years after discontinuing the practice in response to litigation. The SSA posted a notice on its Program Operations Manual System website saying letters are to go to employers for data received for tax year 2010. The SSA won’t send letters it held […]

EEOC Issues “Arrest and Conviction Records” Guidance

By Richard Lehr During the past several years, the Equal Employment Opportunity Commission (EEOC) has increased its focus on employers’ use of background check information, particularly arrest and conviction records. On April 25, the EEOC issued its revised “Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the […]

U.S. District Court Upholds E-Verify System

This week, a Maryland U.S. District Court ruled in favor of the U.S. government in a lawsuit challenging the legality of the E-Verify system (Chamber of Commerce of the United States v. Napolitano). This means that beginning September 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their […]

Recruiting Techie Talent (The Rules Work for ‘Other’ Talent, Too)

Recruiting techie talent is all about understanding what they are looking for—and that’s true for recruiting any type of talent. First, let’s look at a survey that recruiting firm Dice, which specializes in technology and engineering employees, recently conducted among more than 650 passive and active information technology (IT) candidates. What’s Missing from Job Postings? […]

COBRA Subsidy Extension Legislation’s Effect on Employers

Last week, President Barack Obama signed legislation into law that extends the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (ARRA). The legislation extends: the total allowable time an individual could receive the COBRA subsidy by six months (from nine to 15 months); and the subsidy to individuals who […]

Exempt Employees: Some Computer Software Professionals And Nurses Now Exempt From Overtime

  Governor Davis has signed a new law (S.B. 88), which is now in effect, exempting from the overtime rules certain nonsalaried computer software workers who are paid at least $41 per hour. The exemption applies to highly skilled employees doing intellectual or creative work of specified types requiring discretion and independent judgment. Also, certified, salaried […]

New Bill Introduced to Curb Workplace Violence and Harassment

Ontario is looking to reduce violence and harassment in the workplace. To that end, Bill 168, An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace, received first reading on April 20, 2009. Bill 168, if passed, would amend the Occupational Health and Safety Act (OHSA). […]

Quick Knockouts of Some Human Rights Complaints in Canada

by Hadiya J. Roderique Human rights claims are an increasingly common occurrence for Canadian employers. Employees or former employees can initiate these claims at little or no cost in most Canadian jurisdictions (the various provinces, territories, or the federal sphere). An employer must defend human rights claims to avoid an award of damages or other […]