Month: March 2012

Whoa Nellie!

Litigation Value: None, though as a practical matter, Dunder Mifflin may have to make good on all those raises Nellie promised. As tonight’s episode is a rerun, I thought I’d go back and review the March 15th episode (“Get the Girl”) that we managed to miss somehow. (For a recap of tonight’s repeat, “Mrs. California,” check out […]

EEOC Issues Rule Clarifying ‘Reasonable Factors Other Than Age’

The Equal Employment Opportunity Commission (EEOC) has issued a new rule aimed at clarifying when the “reasonable factors other than age” (RFOA) defense can be used in claims filed under the Age Discrimination in Employment Act (ADEA). The rule is to be published in the Federal Register on March 30. A statement from the EEOC […]

Brinker Is Coming! Brinker Is Coming!

The California Supreme Court is expected to release its long-awaited decision in Brinker Restaurant Group v. Superior Court of San Diego on April 12 or 13. Finally: Firm guidance on how to properly handle your meal and rest breaks in California!

EEOC Guidance on Whether High-School-Diploma Requirement Violates ADA

The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job. The guidance was issued in response to an informal discussion letter in which the agency stated that the requirement may violate the ADA if (1) it […]

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 […]

2013 H-1B Petitions to Be Accepted Beginning April 2

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B visa petitions for fiscal year 2013 on Monday, April 2. Petitions for the visas, which allow nonimmigrant specialists to temporarily work in the United States, will be considered accepted on the date USCIS takes possession of a properly filed petition with the correct fee. […]

8 Types of Hiring Records to Keep

From resumes and hiring records to attendance records and health insurance forms, HR professionals have a lot more piling up on their desks these days. The HR department is the repository for employee files and as they come and go, this wealth of information can turn even the most organized office into a filing nightmare. […]

3 Steps to Conducting an Audit on Non-Exempt Vs. Exempt Worker Classification

Do you know the law when it comes to non-exempt vs. exempt workers? The Fair Labor Standards Act (FLSA) requires employers to pay employees overtimeif they work over 40 hours. However, the FLSA also contains exemptions. Employers may not have to pay overtime to certain personnel groups, including administrative, executive, professional, computer, outside sales, and […]