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Comments Sought on Proposed Changes to Form I-9

The U.S. Citizenship and Immigration Services (USCIS) is inviting public comment on proposed revisions to Form I-9, the form all U.S. employers are required to keep on employees to document that they are eligible to work in the United States. Comments will be accepted until May 29. Key revisions to the form include: Expanded Form […]

Criticism in store for Obama’s choice for DOL

President Barack Obama’s choice of Thomas E. Perez for secretary of the U.S. Department of Labor is likely to face tough questions during the process of confirmation by the Senate. If confirmed, Perez will replace Hilda L. Solis, who stepped down as labor secretary in January after serving in the post four years. Foes of […]

News Notes: Employment Cases On Supreme Court Docket

The U.S. Supreme Court will take up several workplace-related cases this year. In one, the court will review a Ninth Circuit ruling regarding the type of evidence a terminated employee can use to prove job discrimination when an employer has both legitimate and illegal reasons for the discharge. Other cases on the court’s docket involve […]

IRS Notice Provides Relief Regarding Non-Qualified Deferred Compensation Plans

The IRS recently issued Notice 2007-100, which gives employers an opportunity to correct unintentional operational mistakes concerning nonqualified deferred compensation plans. Internal Revenue Code Section 409A, which covers these plans, specifies the manner in which they must be reported to avoid premature taxation. The notice gives employers the opportunity to self-correct unintentional operational errors—the failure […]

There Are Headaches, There Are Migraines, and Then There Are FMLA Headaches

Although proposed changes to the FMLA may alleviate some of the pain, FMLA headaches will not go away anytime soon. Today’s expert shares some workplace-tested remedies. Family and Medical Leave Act (FMLA) management isn’t such a headache if you work out your policies carefully, publicize them to employees, and enforce them consistently, says Beverly Kish, […]

News Notes: Worker Who Watches TV Church Services Claims Religious Discrimination

Tyson Foods has agreed to change its religious accommodation policies to settle Equal Employment Opportunity Commission charges that the Arkansas poultry processor discriminated against a worker who watched Sunday church services on television. Tyson fired Afton Bolen from his job as a fryer operator for refusing to come in on Sundays, despite its policy of […]

News Bulletin: FMLA Opinion Withdrawn

The Ninth Circuit Court recently withdrew its decision in Gradilla v. Ruskin Mfd. that held leave taken to accompany a spouse to a funeral was not protected family leave. The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision. Continue watching California Employer Advisor for […]

‘Through’ Fund Strategy May Serve Near-retirees Best, Vanguard Says

While most U.S. retirement plan participants age 60 or older move their assets out of employer plans within five years of leaving a company, they often don’t touch the funds for years after that, a new report by money manager Vanguard found. As a result, Vanguard suggests to plan sponsors, this tendency of older terminated […]

Health Reform Action to Correct 30-hour week Unlikely Before 2015

Congressional aides from both chambers of Congress and both parties said they do not expect immediate action on changing health care reform’s 30-hour a week definition of a full-time workers, or on banning “skinny” health plans that do not cover major categories of health benefits. The staffers predicted that even if enrollment is lower than […]

Federal Court Rules Health Care Reform Provision Unconstitutional

Yesterday, the U.S. District Court for the Eastern District of Virginia held that the individual health insurance mandate provision found in the Patient Protection and Affordable Care Act (PPACA), the comprehensive health care reform legislation that President Barack Obama signed into law in March 2010, is unconstitutional. The individual mandate would require most individuals to […]