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Labor & Employment Law

Strategic HR Lawyer

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Last Entry: March 28, 2011 at 20:38:56

EEOC Fact Sheet on On Employment Tests and Selection Procedures to Screen Applicants and Workers

Posted on January 16, 2008
The EEOC recently issued a Fact Sheet on Employment Tests and Selection Procedures to Screen Applicants and Workers. The Commission noted that there has been an increase in employment testing due in part to post 9-11 security concerns as well as concerns about workplace violence, safety, and liability...

Free Compensation Resource from World at Work

Posted on January 14, 2008
World at Work is a professional association typically associated with compensation professionals. It provides all sorts of resources and training for HR and Compensation professionals. It recently made available a useful tool for planning in executive compensation...

Record Activity for USDOL Wage and Hour Division

Posted on January 07, 2008
The US Department of Labor Wage and Hour Division reports that is has recovered a record amount in back wages due employees in 2007. According to an article on BLR.com, the Division collected a record $220,613,703 for 341,624 workers in 2007. Since fiscal year 2000, it has recovered more than $1...

State New Year Minimum Wages

Posted on January 04, 2008
January is often the time that states increase their minimum wages. While the federal minimum wage will increase in July (to $6.55/hour) several states already have minimum wages above the federal level. To see if your state is one of them (as of January 1, 2008), this page from the Department of Labor will tell you: Minimum Wage Laws in the States Check the states where you do business to see if you need to make any adjustments or update your posting (often for free by checking with your particular state for an updated free poster).

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New York Law Changes for the New Year

Posted on January 02, 2008
Governor Spitzer's first year in office has been filled with legislative changes in the employment arena. In addition to my previous posts on: New Requirements for Written Agreements for Sales Professionals Rights for New Nursing Mothers to Express Breast Milk in the Workplace, and New York Workers' Compensation Reform ...

Working With Cancer

Posted on December 26, 2007
Interesting article in the WSJ regarding survivors of childhood cancer who go on to have tremendous difficulty in the workplace - from obtaining jobs, to keeping them - all as a result of the ongoing effects of the disease that linger on later an life...

IRS Mileage Rate Increases to 50.5 Cents for 2008

Posted on November 27, 2007
The IRS today announced that the standard mileage reimbursement rate for employees who use their own cars for business purposes will rise to 50.5 cents per mile in 2008. Follow this link to the IRS 2008 Mileage Press Release.

USCIS Accounces Requirement to Use New I-9 Form

Posted on November 23, 2007
The US Customs and Immigration Services issued an announcement today that employers must begin using the new I-9 Form by December 26th of this year. Follow this link to the USCIS Press Release: USCIS Reminds Employers to Transition to New Employment Eligibility Verification Form by Dec...

IRS 2008 Benefit Plan Limits Announced

Posted on November 12, 2007
The IRS recently announced benefit plan limits for 2008. Here are some of the highlights: Maximum 401(k) Contributions - $15,500 Maximum Compensation Limit - $230,000 Highly Compensated Employees - $105,000 Annual Contribution Limit for Defined Contribution Plans - $46,000 Annual Benefit Limit for Defined Benefit Plans - $185,000 Age 50 and Older Catch-Up Contributions (for other than SIMPLE Plans) - $5,000 Annual Contribution Limit for 457 Plans - $15,500

NYS Labor Law Modified to Require Written Agreements for Commissioned Salespersons

Posted on October 30, 2007
Section 191 of the New York State Labor Law was recently amended. The actual text of the new law (which I have set out in bulleted form) is as follows: "THE AGREED TERMS OF EMPLOYMENT SHALL BE REDUCED TO WRITING, SIGNED BY BOTH THE EMPLOYER AND THE COMMISSION SALESPERSON, KEPT ON FILE BY THE EMPLOYER FOR A PERIOD NOT LESS THAN THREE YEARS AND MADE AVAILABLE TO THE COMMISSIONER UPON REQUEST...

Proving Dependent Status for Benefits Coverage

Posted on October 22, 2007
Something I've heard a fair amount about lately is the policy of some employers to require proof that an employee's spouse/child is really a dependent before he/she can be added to benefits plans. In addition, some employers are going a step further to conduct audits of plans in their entirety and require participants to dig out social security cards, marriage certificates, etc...

Happy Birthday to the Workers' Comp Insider

Posted on October 16, 2007
Almost forgot the 4 year Blogaversary of the Workers' Comp Insider. The Blog has recently celebrated 4 years of great posts and informative commentary. In the world of workplace blogging, it's an "oldy but a goody." Keep up the good work guys!

New "QACA" Option for 401(k) Enrollment Can Eliminate Discrimination and Top Heavy Testing

Posted on October 09, 2007
As of January 1, 2008, 401(k) plans can begin to offer an alternative enrollment method which can eliminate the need for top heavy and discrimination testing. Called a "Qualified Automatic Contribution Arrangement" (QACA), it requires certain minimum levels of deferrals...

E-Verify Picking Up Steam

Posted on October 02, 2007
The US Citizenship and Immigration Services (USCIS) recently issued a Fact Sheet Discussing the E-verify system - an internet based system established between the Department of Homeland Security and the Social Security Administration that is intended to help employers verify the employment eligibility of workers...

Gov. Spitzer Creates Taskforce to Address Employee Misclassification

Posted on September 25, 2007
New York's Governor Spitzer recently created a task force to address the incorrect classification by employers of individuals as independent contractors rather than correctly as employees. The Executive Order immediately cites the attempt by employers to circumvent their obligations as employers and the adverse effects on the economy of the state as a result...

Thanks to Technology, Workplace Gossip Flourishes

Posted on September 19, 2007
Years ago, the water cooler or the company break room/cafeteria was the place their employees got their information - typically in the form of gossip. Now, with the proliferation of technology in the workplace - through instant messaging, PDA's cell phones, email, etc...

Small Firms Tend to Underuse HR

Posted on September 12, 2007
This survey shows a troubling statistic among small and midsized businesses - that they tend to underutilize HR departments. Specifically: smaller companies consider their HR departments as a separate arm of their business rather than integrating the functions into their day-to-day operations...

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