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News Notes: U.S. Senators Back Plan For Mexican Guest Workers

In a recent meeting with President Vicente Fox of Mexico, a delegation of American senators led by Senator Phil Gramm (R-Texas) pledged to initiate a new guest worker program that would bring Mexican workers into the U.S. and effectively grant amnesty to as many as 7 million Mexicans currently working here illegally. According to Gramm, […]

Short Takes: Fingerprint Checks

We fingerprint employees and run a background check if they are going to be working with or near children. (We do it for current employees if they are transferring to such a job.) Are we required to provide these applicants/employees with the results of their fingerprint background checks?

Independent Contractors: New Case Highlights Tax Risks of Misclassification

A new decision from a California Court of Appeals underscores how erroneously classifying workers as independent contractors rather than employees can have serious tax consequences. The case involved a group of courier companies—collectively called Sonic—that classified delivery drivers as independent contractors and reported their pay on 1099 forms. The California Employment Development Department, however, decided […]

DOL Launches Web Filing for Military Vets’ Complaints

The U.S. Department of Labor has announced that National Guard and reserve service members can now file military leave complaints–under the Uniformed Services Employment and Reemployment Rights Act (USERRA)–using a new electronic filing service. This new service is the latest in a series of compliance tools developed by the DOL to help educate employers and employees […]

News Notes: NLRB Removes Union Protection In Company Takeovers

The National Labor Relations Board has overturned one of its prior rulings that gave unions some protection from challenge when a nonunionized employer acquires a unionized company. Under the previous rule, unions could bargain with the new, nonunion employer free from challenge for a reasonable length of time after the takeover. Now, the NLRB has […]

News Notes: Court Changes Its Mind On Retaliation And Religious Accommodation Cases

The federal Ninth Circuit Court of Appeal has reconsidered two opinions it issued last year. In one case, the court had ruled that the anti-retaliation provisions of the federal wage and hour laws don’t protect workers who are fired for griping about overtime violations directly to their employers rather than to the government. The court […]

Employment Law Tip: Voting Time Off Checklist

On Tuesday, Feb. 5, 2008, Californians will go to the polls to vote in the presidential primary election—and this means it’s time for California employers to brush up on their voting leave and posting compliance duties. Here’s a quick checklist you can use: