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Bulletin: Government revises Form I-9

The U.S. Citizenship and Immigration Services (USCIS) has released a new Form I-9, which you can access at www.uscis.gov. Five documents, which employees previously could have submitted for proof of identity and employment eligibility, were removed from List A because they lack sufficient features to help deter counterfeiting, tampering, and fraud. Employers can no longer accept […]

Supreme Court: Medical Residents Must Pay Social Security Taxes

Yesterday, in one of its first rulings of 2011, the U.S. Supreme Court unanimously held that medical residents are considered employees when it comes to social security taxes. In Mayo Foundation for Medical Education and Research v. United States, Mayo challenged regulations issued by the Treasury Department that clarify what types of students are not […]

News Notes: New Wage Order For Construction And Related Industries

The Industrial Welfare Commission has issued a new wage order covering the construction, drilling, logging and mining industries. This is the first time these industries have been regulated by a special wage order comprehensively governing wages, hours and working conditions. The new wage order covers, among other things, minimum wage and overtime rules, alternative workweek […]

Supreme Court Rules Public Employee’s Text Messages Not Private

Today, the U.S. Supreme Court held that a public employer did not violate an employee’s constitutional privacy rights by searching his personal (and often sexually explicit) text messages that were sent and received on his employer-issued pager. The Backstory The City of Ontario, California, issued pagers that could send and receive text messages to Ontario […]

News Notes: Supreme Court Raises Hurdle For Job Bias Punitive Damages

The U.S. Supreme Court has made it harder for employees to win punitive damages under federal anti-discrimination laws. The case involved a suit by a female attorney who claimed she was denied a promotion because of her sex. The court agreed with the employee that punitive damages are available when an employer acts with “reckless […]

News Notes: Big Lots Announces Overtime Settlement

Big Lots Inc. has signed off on a $10 million settlement of a lawsuit charging that more than 1,400 managers and assistant managers at the Ohio-based retailer’s California discount stores, including Pic ‘N’ Save and MacFrugals, were misclassified as exempt. The employees charged they spent the bulk of their time performing nonmanagerial tasks such as […]

Employment Law Tip: Watch Out for Weingarten Rights

The National Labor Relations Act (NLRA) allows employees, both union and non-union, to engage in “concerted activities for the purpose of mutual aid or protection.” This includes an employee’s right to have a union representative present at an investigatory meeting that the employee reasonably believes could result in discipline.