Features
Is Trump the New Obama?
<b><I>Possible Regulatory Enforcement Against Business After All</I></b><p>Immigration is now the focus of the Trump administration. Last year, ICE released "Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits." Employers would do well to review and familiarize themselves with it. Additionally, employers should also seek the advice of competent counsel to ensure their self-audits are useful without creating the smoking gun that the government audits are hoping to find.
Features
Arizona's New Paid Sick Leave Law
<b><I>What You Need to Know</I></b><p>As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act, which Arizona voters passed in November 2016.
Features
Pay Equity Litigation Trends
New requirements and prohibitions on compensation practices around the country are making pay equity a hot topic. These obligations seek to address the "gender pay gap," which the latest reports estimate is at a little over 20%, with women across all occupations having median earnings around 78% of the median earnings of men.
Features
The Equal Pay Act
This year, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. The belief is that by setting employees' salaries based on what they were paid at their last job, employers may be perpetuating gender discrimination that began long ago.
Features
WannaCry Attack Is a Wakeup Call for Cyber Preparedness
Until May 12, 2017, the more highly publicized ransomware incidents were localized targets impacting only one or a small number of businesses. WannaCry made it clear that ransomware could reach a broad cross-section of computers worldwide, at essentially the same time. There are very few, if any, businesses that can safely say they are not targets for cyber-criminals, because at the very least, businesses have personnel records for their employees.
Features
The 'Faltering Company' and 'Unforeseen Business Circumstances' Exceptions Under The WARN Act
<b><i>Traps for the Unwary or Lifesavers for the Unlucky?</b></i><p>The WARN Act contains several affirmative defenses that provide employers with a complete defense to liability under the statute when a company's exigent condition forces an immediate cessation of operations. This article identifies the key features (including the benefits and drawbacks) of each.
Features
Do Your Employment Practices Violate Antitrust Law?
This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.
Features
New York City Bans Employers' Inquiries into Salary History
This article reviews recent developments in the law governing employer inquiries into and reliance on the compensation history of prospective employees — and analyze the New York City ordinance within this greater context.
Columns & Departments
Case Notes
The latest test of whether part of the Civil Rights Act can be read to bar workplace discrimination because of sexual orientation proved complicated on Jan. 20 a the Second Circuit. Here's a look at the case.
Features
DOL Issues Final Regulations on Disability Benefits Claims Procedures
On Dec. 16, 2016, the DOL published final regulations on disability benefits claims procedures for any group plans governed by ERISA that provide for disability benefits (the "Final Rule"). This Final Rule applies to any disability claims filed on or after Jan. 1, 2018, and will apply not only to health and welfare plans that provide for disability benefits, but also any qualified retirement plans that may offer disability benefits.
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