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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 […]

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News Bulletin: FMLA Opinion Withdrawn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 The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision.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 […]

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 […]

Wage Disputes: California Appeals Court Says Exempt Corporate Executives Are Protected Too

Most employers know that exempt, salaried employees aren’t covered by California’s overtime requirements. But as a California appeals court decision points out, that doesn’t mean that other state Labor Code wage protections similarly don’t apply to exempt workers.   Pay Dispute Arises David Mazur was vice president of sales and marketing at On-Line Power, Inc., […]

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 […]

E-Alert Item: National Origin Discrimination: Muslim Workers to Receive $1.1 Million Settlement

The U.S. Equal Employment Opportunity Commission has announced a $1.1 million settlement of a lawsuit charging that four Muslim employees of Stockton Steel, a subsidiary of Herrick Corp. based in Pleasanton, were harassed based on their religion and ethnicity. The Pakistani-American workers charged they were ridiculed at work during their daily prayers, chided about their […]