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Exempt vs. Non-Exempt: California Rules for Overtime

California and federal law generally require that employees working over 40 hours in a workweek be paid an overtime premium rate for those additional hours. California law also requires that employees who work more than 8 hours in a day be paid overtime, and double-time if they work more than 12 hours in a day. […]

H-1B visa cap met in first week

U.S. Citizenship and Immigration Services (USCIS) has announced that it reached the statutory H-1B visa cap of 65,000 for fiscal year 2014 during the first week of the filing period. This is the first time since 2008 that the cap has been met during the first week. The H-1B program allows U.S. businesses to employ […]

H-1B Visas Still Available for 2010

In a remarkable about-face from the past few years, the United States Citizenship and Immigration Service (USCIS) announced today that after a week of receiving petitions for H-1B nonimmigrant visas, the 65,000 cap for the coming fiscal year hasn’t been reached. For the past several years, the USCIS has received far more petitions for H-1B […]

Avoiding a Clash Over FLSA Contractor Classifications

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]

Your E-Mail, in Court, the Size of New Jersey

One great way to understand the importance of a casually written   e-mail is to think about how the jury will see it, says attorney Allison West. “In court, it will be blown up to the size of New Jersey,” she says. Yesterday’s Advisor presented West’s tips for bulletproof documentation; today we’ll look at more of […]

Democrats Shooting for Passage of Health Care Reform This Weekend

This week, Democrats have been moving full steam ahead toward passage of health care reform legislation that would affect employers in many ways. Since the Democrats lost their supermajority in the U.S. Senate, many of their colleagues in the U.S. House of Representatives want to pass the Senate’s version of health care reform so the […]

Employer’s FMLA Notice Requirements Leave Little Room for Guesswork

While HR professionals may sometimes struggle with the murky areas of employment law, in a leave of absence situation, there should be no mistaking some of the more immediate obligations under the Family and Medical Leave Act. Within five business days of receiving a request for leave, for example, you must provide three types of […]

Catch-up 401(k) Contributions Didn’t Increase Savings Rate Much

The participants 50 or older who have taken advantage of contributing much more of their salary to 401(k) retirement plans through catch-up provisions already were among the highest savers — and so few workers overall are constrained by the annual IRS limits that catch-up contributions aren’t a solution for  low retirement savings rates. Those conclusions […]

E-Alert Item: EEOC Sues Home Depot For Bias

The federal Equal Employment Opportunity Commission has sued Home Depot for sex discrimination. The agency charges that the home-improvement retailer repeatedly rejected a female applicant for various positions at a new Home Depot store in Rialto, near Los Angeles, and hired less-qualified men for the jobs. In response to the lawsuit, Home Depot has denied […]