• OSHA ON-SITE CONSULTATION FOR SMALL BUSINESSES
  The Occupational Safety and Health Administration (OSHA) has redesigned its On-site Consultation Web page to enhance its usefulness to small and medium-sized businesses across the country seeking free and confidential advice on increasing workplace safety.   Read more...   [8/22/10]
   

• EEO-1 AND VETS-100/100A FILING DEADLINE
  The filing deadline for the EEO-1 report and VETS-100/100A report is September 30, 2010. This information is collected annually by the Equal Employment Opportunity Commission and the Department of Labor’s Veterans’ Employment and Training Service.   Read more...   [8/20/10]

• OSHA: THERE’S A NEW SHERIFF IN TOWN
  During the past year and a half, OSHA investigators have issued citations for egregious violations in 17 cases, which is more than twice as many cases as were issued during the two years before the current administration took office.   Read more...   [8/19/10]
   

• ADVANCED EITC PAYMENT IS REPEALED
  Beginning in 2011, advance payment of the Earned Income Tax Credit (EITC) will no longer be available to workers. The advance payment option of the EITC is repealed by H.R. 1586, signed into law by the President on August 10, 2010.   Read more...   [8/16/10]

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• TERMINIX FAILS TO EXTERMINATE HOSTILE WORK PLACE
  A recent lawsuit filed by the EEOC against Terminix and ServiceMaster claims the companies violated federal law by sexually harassing female employees and also by subjecting them to a hostile work environment.
   Read more...   [8/13/10]
   

• NEW FLSA OVERTIME PAY CALCULATOR
  A new online tool is now available to assist employers in calculating overtime payments electronically.  
  Read more...   [8/11/10]

• MANDATORY BREAK TIME FOR NURSING MOTHERS
  A recent amendment to the Fair Labors Standard Act (FLSA) requires employers to provide reasonable break time and a suitable location for an employee to express breast milk for her nursing child.   Read more...   [7/27/10]

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• GUIDANCE ON HEALTH CARE REFORM REGULATIONS
  New guidance regarding the Patient Protection and Affordable Care Act (“Affordable Care Act”) is now available for employers.  Read more...   [7/14/10]
   

• COBRA UPDATE
  The Department of Labor’s (DOL) Employee Benefits Security Administration has updated its dedicated COBRA web page with the current COBRA model notices.   Read more...   [7/12/10]

• DOL REDEFINES CLOTHES UNDER FLSA
  What is work time? When does the work day start and stop? When do employees have to be paid for changing clothes? These are the questions that the Department of Labor’s (DOL) Wage and Hour Division attempted to clarify...   Read more...   [6/28/10]

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• MORTGAGE LOAN OFFICERS NOT EXEMPT UNDER FLSA
  The Department of Labor’s (DOL) Wage and Hour Division (WHD) has issued an Administrator's Interpretation regarding the "typical" mortgage loan officer.   Read more...   [6/25/10]

• RECENT FAQS
  Questions we often hear are those that concern the minimum wage, COBRA, and the FMLA. The answers to three of these Frequently Asked Questions (FAQs) are listed below...   Read more...   [6/23/10]

• DOL CLARIFIES FMLA DEFINITION OF SON OR DAUGHTER
  The Department of Labor (DOL) has issued a clarification regarding the Family and Medical Leave Act (FMLA). In Administrator’s Interpretation No. 2010-3, the DOL has broadened the definition of who is a son or daughter for the purposes of taking leave under the FMLA.   Read more...   [6/21/10]

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• SUPREME COURT RULES FOR EMPLOYER IN PRIVACY CASE
  The U.S. Supreme Court has ruled in City of Ontario v. Quon, that city officials did not violate an employee’s right to privacy by acquiring transcripts of text messages he sent on his pager.
  Read more...   [6/18/10]
   

• NEW WORKPLACE POLICY POSTER (4-in-1)
  The Personnel Advisor now offers subscribers a combination Workplace Policy Awareness poster. The new poster combines four workplace policies in one colorful poster and provides an easy way to remind your employees about your company's position on these important issues. The laminated poster includes: Company Email Policy, Sexual Harassment, Drug Free Workplace, and Anti-Workplace Violence. Click to order.   [6/17/10]

• JUNE 21 DEADLINE FOR NEW POSTING REQUIREMENT
  A new Department of Labor regulation published on May 20, 2010, requires federal contractors and their subcontractors to post notices informing employees of their rights under the National Labor Relations Act.
  Read more...   [6/15/10]

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• IRS POSTS REVISED FORM 941 AND FAQ’S
  The Internal Revenue Service (IRS) has posted a revised Form 941 with instructions and a list of frequently asked questions about the HIRE Act.   Read more...   [5/21/10]
   

• UCIA DRAFT LEGISLATION SENT TO CONGRESS
  The Department of Labor (DOL) announced it has transmitted a draft of the Unemployment Compensation Integrity Act of 2010 (UCIA) to Congress. The legislation, if enacted, is designed to help states fight employer fraud and reduce improper benefit payments.  Read more...  [5/20/10]

• DOL RELEASES H-1B COMPLIANCE TOOL
  The U.S. Department of Labor (DOL) has a new tool to help employers and others understand how to comply with requirements under the H-1B visa program.   Read more...   [5/18/10]

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• MAJOR CHANGES IN FORM 1099 REPORTING
  Beginning January 1, 2012, the Patient Protection and Affordable Care Act (PPACA) will require companies to send informational IRS 1099 Forms to individuals or corporations from which they buy more than $600 in goods or services in a tax year.   Read more...   [5/17/10]
   

• FIRST GINA LAWSUIT FILED
  The AP and other news sources have reported the first Genetic Information Non-discrimination Act (GINA) case has been filed with the Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities.   Read more...   [5/14/10]

• HHS ISSUES INTERIM RULE ON HEALTH CARE ACT
  The Patient Protection and Affordable Care Act (PPACA), passed on March 23, 2010, requires the Department of Health and Human Services to establish an internet website through which individuals and small business can obtain information about insurance coverage options that may be available to them in their state.   Read more...  [5/10/10]

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• NEW ELECTRONIC SIGNATURE OPTION FOR FORM 5500
  The Department of Labor’s Employee Benefits Security Administration announced that the EFAST2 electronic filing system for forms 5500 and 5500-SF employee benefit plan annual reports, has a new e-signature option.   Read more...   [5/7/10]

• NEW NOTICE OBLIGATION UNDER CHIPRA
  Beginning May 1, 2010, employers in most states have a new notice obligation under the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA).   Read more...   [5/1/10]
   

• EITC NOTICE REQUIREMENTS FOR TEXAS EMPLOYERS
  In accordance with Texas Code, employers of one or more employees must notify all of their employees each year of the federal Earned Income Tax Credit (EITC) general eligibility requirements.   Read more...  [4/26/10]

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• COBRA SUBSIDY EXTENSION THROUGH JUNE 2
  On Thursday, April 16, 2010, both the house and senate passed and the president signed another extension of the COBRA subsidy for continuation of health insurance.   Read more...   [4/19/10]
   

• HEALTH CARE TAX CREDIT FOR SMALL BUSINESS
  Health coverage legislation enacted this year includes a Small Business Health Care Tax Credit to help small businesses and small tax-exempt organizations afford the cost of covering their workers.   Read more...   [4/18/10]

• SENATE TO VOTE ON COBRA SUBSIDY EXTENSION
  On Monday, April 12, 2010, the U.S. Senate passed a procedural vote clearing the way for a final vote expected later this week, to extend jobless benefits for unemployed workers.   Read more...   [4/13/10]

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• EEOC SUES EMPLOYERS FOR ADA VIOLATIONS
  The Americans with Disabilities Act (ADA) provides that employers with 15 or more employees may not discriminate in hiring, firing, or promotional decisions based on the disability of an applicant or employee.   Read more...   [4/9/10]
   

• PAYROLL TAX INCENTIVES  FOR HIRING UNEMPLOYED WORKERS
  On March 18, 2010 the Hiring Incentives to Restore Employment Act (“HIRE Act”) was signed into law. The HIRE Act creates two new tax benefits for employers who hire certain previously unemployed workers between February 3, 2010 and January 1, 2011.   Read more...   [4/8/10]
   

• H-2A POSTER CHANGES
  The U.S. Department of Labor (DOL) has released new posting requirements for the H-2A visa program, which allows employers to hire foreign workers on a temporary basis to perform agricultural labor or services.   Read more...   [4/6/10]

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• OSHA ORDERS FINE FOR RETALIATION
  The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has ordered two railroad companies to pay back wages and compensatory damages to a former employee for violating the worker’s whistleblower protection rights.   Read more... [3/17/10]
   

• COMPANY TO PAY $500,000 FOR NATIONAL ORIGIN BIAS AND HARASSMENT
  The U.S. Equal Employment Opportunity Commission (EEOC) recently announced the settlement of two lawsuits against Landwin Management, Inc., a San Gabriel, California-based hotel operator, for $500,000 and significant remedial relief in cases alleging national origin discrimination and sexual harassment.   Read more...   [3/15/10]
   

• COBRA PREMIUM REDUCTION EXTENSION
  Congress has once again extended the COBRA premium subsidy program under the Temporary Extension Act of 2010 (TEA of 2010). The TEA of 2010 extends COBRA subsidies to March 31, 2010.   Read more…   [3/5/10]

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• DOL RELEASES COBRA INFORMATION IN SPANISH
  The Department of Labor's Employee Benefits Security Administration (EBSA) has released information in Spanish regarding COBRA continuation.   Read more...   [2/23/2010]

• COMPANY FACES 2-YEAR DEBARMENT FROM H-1B PROGRAM
  A software company has been cited by U.S. Department of Labor (DOL) for alleged violations of the H-1B program, including unpaid wages of over $1.4 million.   Read more...   [2/22/2010]

• DOL SECURES $1 MILLION IN BACK WAGES FOR WORKERS
  The U.S. Department of Labor's Wage and Hour Division (WHD) has resolved a lawsuit against Houston-based Universal Project Management Inc. and Irving, Texas-based Fluor Enterprises Inc. for failing to pay $1million to 154 workers in overtime compensation in the wake of Hurricane Katrina as required by the Fair Labor Standards Act (FLSA).   Read more...   [2/18/2010]

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• OSHA PROPOSES RECORDKEEPING CHANGE
  The U.S. Department of Labor's Occupational Safety and Health Administration s proposing to revise its Occupational Injury and Illness Recording and Reporting recordkeeping regulation by restoring a column on the OSHA Form 300 to better identify work-related musculoskeletal disorders.   Read more...   [2/15/2010]

• EMPLOYER FINED FOR IMMIGRATION LAW VIOLATIONS
  The U.S. Immigration and Customs Enforcement (ICE) announced on February 12, 2010, that Koch Foods of Cincinnati LLC paid a $536,046 fine for administrative violations of U.S. immigration laws.   Read more…    [2/12/2010]

• H1N1 RECORDKEEPING FAQ
  We had an employee who was out sick with the H1N1 flu. Are we supposed to record this on the OSHA 300 log?      Read More...  [1/21/2009]

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• JANUARY HR REMINDERS
  As January comes to a close, employers and HR managers should remember:      Read More...  [1/19/2009]

• OSHA POSTING DEADLINE IS FEBRUARY 1
  Employers with 11 or more employees, whose businesses are subject to OSHA recordkeeping requirements, must post annual injury/illness summaries for the preceding year from February 1 through April 30 using OSHA Form 300A.      Read More...  [1/18/2009]

• NEW COBRA NOTIFICATION FORMS
  As reported in December (see previous Hot News), the subsidy for continuation of health care for laid off employees has been extended for two months. The Department of Labor (DOL) has now released new notification forms employers may use to notify departing employees of their options for extending health coverage.      Read More...  [1/11/2009]

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• JOB BIAS CHARGES APPROACH RECORD HIGH IN 2009
  Statistics provided by the U.S. Equal Employment Opportunity Commission (EEOC) show that 93,277 workplace discrimination charges were filed with the federal agency nationwide during 2009, the second highest level ever. Monetary relief obtained for victims totaled over $376 million.      Read More...  [1/8/2009]

• TWO CASES FROM THE EEOC
  The U.S. Equal Employment Opportunity Commission (EEOC) has announced settlements in two separate discrimination lawsuits resulting in million dollar judgments against two large employers. Read More...  [1/6/2009]

• WHO IS OSHA FINING AND WHY
  Cranesville Aggregate Co., doing business as Scotia Bag Plant, Scotia, N.Y., faces a total of $509,000 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA). The plant, which bags cement and asphalt, has been cited for 33 alleged willful, repeat and serious violations of workplace safety and health standards following comprehensive OSHA inspections over the past year.     Read More...  [12/21/2009]

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• WAITING ON GINA REGULATIONS
  The Genetic Information Non-Discrimination Act (GINA) went into effect November 21, 2009. It adds another category to the Equal Employment Opportunity Commission’s (EEOC) list of prohibited forms of discrimination in the workplace. Title II of GINA prohibits health insurers and employers from collecting and/or using genetic information on applicants, employees, or employees’ family members. It applies to companies who have 15 or more employees and requires employers to upgrade the EEO poster to reflect the GINA regulations.     Read More...  [12/18/2009]

• $175,000 FOR HARASSMENT OF MAN BY FEMALE CO-WORKER
  Regal Entertainment Group, a national movie theater chain, will pay $175,000 and furnish significant remedial relief to settle a discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that the company subjected a male employee to sexual harassment by a female co-worker and then retaliated against him for complaining about the unlawful conduct. The company also retaliated against two supervisors who tried to help the victim.    Read More...  [12/14/2009]

• DOL UNVEILS OPEN GOVERNMENT EFFORTS
  The U.S. Department of Labor (DOL) announced a broad array of efforts designed to improve the public's accessibility to its agencies and ensure the department can function more effectively. The work is part of the current Administration's commitment to improved accountability, transparency and service to the American public.     Read More...  [12/11/2009]

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• COBRA SUBSIDY EXTENDED
  The U.S. House and Senate have passed and the President has signed legislation extending the COBRA subsidy portion of the American Recovery and Reinvestment Act (ARRA). This extends the eligibility period for the COBRA premium reduction for an additional two months through February 28, 2010. The act also extends the maximum period for receiving the subsidy for an additional six months (from nine to 15 months).    Read More...  [12/8/2009]

• IRS ISSUES MILEAGE RATES FOR 2010
  The Internal Revenue Service (IRS) has issued the 2010 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.    Read More... [12/4/2009]

• OSHA UPDATES H1N1 FACT SHEETS
  The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), has updated fact sheets that employers and workers can use to promote safety during the current H1N1 influenza outbreak.    Read More...  [11/24/2009]

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• DOL FINES THEN JAILS EMPLOYERS FOR IGNORING COURT ORDER
  The owners of a residential cleaning service were taken into custody and later released after failing to comply with a court order directing payment of $3.5 million in back wages, plus interest, fines and liquidated damages to at least 385 workers.   Read More...  [11/23/2009]

• NEW LAW EXPANDS FMLA MILITARY LEAVE
  The Family and Medical Leave Act (FMLA) has been amended with the passage of the National Defense Authorization Act for Fiscal Year 2010 (NDAA). Section 565 of the NDAA makes significant changes that expand the FMLA military leaves of absence.   Read More...  [11/20/2009]

• ICE AUDITS 1,000 EMPLOYERS FOR ILLEGAL HIRING PRACTICES
  John Morton, Assistant Secretary for the U.S. Immigration and Customs Enforcement (ICE) announced Thursday 11/19/09 the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure. Business owners were alerted that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.   Read More...  [11/18/2009]

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• GINA TITLE II TAKES AFFECT NOVEMBER 21, 2009
  The Genetic Information Nondiscrimination Act (GINA) goes into affect Saturday, November 21, 2009. The new law applies to all private and public entities with 15 or more employees. GINA bans discrimination in hiring, firing, and promotions based on genetic information about an applicant, employee, or member of their family that the company may have obtained.  Read More...  [11/16/2009]

• NO COST OF LIVING INCREASE FOR SOCIAL SECURITY
  For the first time since 1975, the 57 million Americans receiving social security benefits will not receive an automatic Cost of Living Adjustment (COLA).   Read More... [11/08/2009]

• RESTAURANT TO PAY $1 MILLION FOR HIRING BIAS AGAINST MEN
  The U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of a sex discrimination class action lawsuit for $1,025,000 and far reaching injunctive relief against Lawry's Restaurants, Inc. for allegedly failing to hire men into food server positions for decades.   Read More...     [11/03/2009]

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• NEW EEO POSTER NOW AVAILABLE
  The Equal Employment Opportunity Commission (EEOC) has revised and released its “Equal Employment Opportunity is the Law” poster. This new version reflects current federal employment discrimination law including the Americans with Disabilities Act Amendments Act of 2008). The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008 (GINA), which is effective November 21, 2009. The revised poster also includes updates from the Department of Labor (DOL).   Read More...  [10/24/2009]

• FAMILY AND MEDICAL LEAVE ABUSE
  We have received many questions over the years about what to do if companies believe Family and Medical leave is being abused by employees. The Family and Medical Leave Act (FMLA) applies to all public employers and private companies who have 50 or more employees at their location or 50 or more total employees working within a 75 mile radius of their location. Employees become eligible for leave after working for an employer for 12 months and having worked at least 1,250 hours in the 12 months immediately preceding the leave.    Read More...  [10/22/2009]

• REHAB CENTER TO PAY $145,000 TO SETTLE LAWSUIT
  The U.S. Equal Employment Opportunity Commission (EEOC) announced that California Psychiatric Transitions, Inc. (CPT), a Central Valley mental health rehabilitation center, has agreed to provide $145,000 and take significant remedial measures to settle a federal lawsuit. In its suit, the EEOC charges that a male supervisor subjected a group of female employees to a pervasive sexually hostile work environment for several years.   Read More...  [10/20/2009]

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• GINA REGULATIONS AND THE NEW EEO POSTER
  The EEOC is updating the “Equal Employment Opportunity is the Law” (EEO) poster to include a new notice required by the Genetic Information Nondiscrimination Act (GINA). GINA, which prohibits employment discrimination on the basis of genetic information, goes into effect November 21, 2009.    Read More...  [10/14/2009]

• COBRA WEB SITE UPDATE
  The U.S. Department of Labor (DOL) has updated their web site on COBRA Continuation Coverage Assistance under the American Recovery And Reinvestment Act Of 2009 (ARRA). The web site now contains a link to the IRS Guidance for COBRA premium reduction recipients.    Read More...  [10/12/2009]

• UNDERSTANDING WAIVERS OF DISCRIMINATION CLAIMS IN EMPLOYEE SEVERANCE AGREEMENTS
  Even in good economic times, businesses of every size carefully assess their operational structures and may sometimes decide to reduce their workforce. The current economic downturn has accelerated this process. An employer’s decision to terminate or lay off certain employees, while retaining others, may lead discharged workers to believe that they were discriminated against based on their age, race, sex, national origin, religion, or disability.    Read More...  [10/09/2009]

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• OSHA TO ISSUE COMPLIANCE DIRECTIVE FOR INSPECTIONS
  To ensure the protection of frontline healthcare and emergency medical workers at high risk of infection with H1N1 virus, the Occupational Safety and Health Administration (OSHA) will soon issue a compliance directive. This directive is to ensure uniform procedures when OSHA is conducting inspections to identify, minimize or eliminate high to very high risk occupational exposures to the 2009 H1N1 influenza A virus.   Read More...  [10/07/2009]

• PLAN YOUR DRUG-FREE WORK WEEK EVENTS
  Drug-Free Work Week, October 19-25, 2009, reinforces the importance of improving worker safety and health through drug-free workplace programs. These programs help protect employers and employees alike from the potentially devastating consequences of alcohol or drug abuse.  Read More...  [09/25/2009]

• DOL TARGETS COMPANIES FOR FLSA VIOLATIONS
  The U.S. Department of Labor’s (DOL) Wage and Hour Division is currently conducting a compliance initiative in the landscaping industry of Greater Philadelphia. This initiative aims to promote compliance with the minimum wage, overtime, recordkeeping and child labor provisions of the Fair Labor Standards Act (FLSA).  Read More...  [09/23/2009]

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• I-9 REVISION VALID THROUGH AUGUST 2012
  As announced in a recent email “ALERT” sent to all subscribers, the United States Customs and Immigration Service (USCIS) has released yet another updated version of the I-9 Form.  Read More...  [09/22/2009]

• ICE WORKSITE ENFORCEMENT INVESTIGATION
  The owner of a southwest Missouri roofing company pleaded guilty in federal court to hiring illegal aliens. The guilty plea was a result of a U.S. Immigration and Customs Enforcement (ICE) worksite enforcement investigation.   Read More... [09/21/2009]

• HIPAA BREACH NOTIFICATION
  Health and Human Services (HHS) issued regulations requiring health care providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals when their health information is breached. The HHS interim final regulations are effective 30 days after publication in the Federal Register (August 24, 2009) and include a 60-day public comment period.   Read More... [09/21/2009]

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• THE RED FLAGS RULE
  The Red Flags Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs or "red flags" of identity theft in their day-to-day operations.   Read More... [09/14/2009]

• NEWS AND POSTINGS FOR E-VERIFY USERS
  E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of newly hired employees.   Read More... [09/11/2009]

• FAQS ON WAGE REDUCTIONS, LAYOFFS, AND FURLOUGHS
  Companies continue to look for ways to survive the economic recession that began in December of 2007. Cutting wages, layoffs, and temporary furloughs are some of the methods being used.   Read More... [09/03/2009]

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• HOMETOWN BUFFET SETTLES HARASSMENT SUIT WITH EEOC
  The U.S. Equal Employment Opportunity Commission (EEOC) announced a class litigation settlement against Hometown Buffet, Inc., on behalf of teens and Latinas who were subjected to a hostile workplace, including verbal and physical abuse, in violation of Title VII of the Civil Rights Act.     Read More...   [08/24/2009]

• AT&T SUED FOR FIRING EMPLOYEE WHO COMPLAINED ABOUT RACE BIAS
  AT&T (formerly Cingular Wireless), a Fortune 500 telecommunications company, will pay $75,000 to settle a federal race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.     Read More...   [08/21/2009]

• FEDERAL WHISTLEBLOWER POSTER AND RULES ON ARRA WHISTLEBLOWERS
  The American Recovery and Reinvestment Act (ARRA), provides protections for certain individuals who make specified disclosures relating to Recovery Act funds. Any non-federal employer receiving recovery funds is required to post a notice of the rights and remedies provided under this section of the Act.      Read More...   [08/21/2009]

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• SWINE FLU PREPAREDNESS AND THE ADA
  One need only read the newspapers or listen to media reports to know that the H1N1 flu virus (Swine Flu) is expected to be a major problem this fall. MSNBC reported Friday, August 21, that the Center for Disease Control (CDC) is conducting clinical trials on flu vaccines and "There are no red flags regarding safety," said Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, one of the National Institutes of Health. The first results from studies of the new vaccines in adults and the elderly will be available in mid September.     Read More...   [08/19/2009]

• ICE FOCUSES ON EMPLOYERS
  Federal prosecutors filed charges against a Washington state manufacturing company where 28 undocumented workers were arrested in a February immigration raid, accusing the family-owned business of knowingly hiring illegal immigrants.    Read More...   [08/18/2009]

• DOL SETTLES TWO OVERTIME LAW SUITS
  Quick Trip Corp, who has operations in Arizona, Georgia, Illinois, Iowa, Kansas, Missouri, Nebraska, Oklahoma and Texas, has settled a law suit brought by the Department of Labor (DOL) for overtime violations. The company has agreed to pay $747,729 in overtime back wages for 3,819 current and former convenience store workers following an investigation by the U.S. Department of Labor's Wage and Hour Division's Arkansas-Oklahoma District Office.    Read More...   [08/14/2009]

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• USCIS TO ACCEPT NEW H-2B FISCAL YEAR 2009 PETITIONS
  The H-2B program allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs for which there is a shortage of available U.S. workers. Typically, H-2B workers fill labor needs in occupational areas such as education, construction, health care, landscaping, manufacturing, food service/processing, and resort/hospitality services.   Read More...   [08/11/2009]

• EEOC SETTLES NATIONAL ORIGIN SUIT FOR $115,000
  The U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of a national origin discrimination law suit brought against ResCom Services, Inc., a Vista, California based property Service Company.    Read More...  [07/23/2009

• DEADLINE FOR VETS-100 REPORT IS SEPTEMBER 30
  Federal contractors or subcontractors who are required to comply with the Veteran’s Employment and Training Service (VETS) reporting requirements should be aware that the deadline to file the VETS-100 report is September 30, 2009.   Read More...  [07/22/2009

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• SUPREME COURT RULING MAKES AGE DISCRIMINATION HARDER TO PROVE
  In a 5-4 ruling, the Supreme Court made it more difficult for employees to prove age discrimination against an employer under the Age Discrimination in Employment Act (ADEA).   Read More...  [07/21/2009]

• ICE FINES KRISPY KREME AFTER I-9 AUDIT
  Krispy Kreme Doughnut Corporation has been fined $40,000 by the U.S. Immigration and Customs Enforcement (ICE).   Read More...  [07/21/2009]

• COURT SIDES WITH WHITE FIREFIGHTERS
  In a closely watched case, Ricci. v. Destefano, the U.S. Supreme Court ruled in favor of 19 White and 1 Hispanic firefighters in a Title VII discrimination case.   Read More... [07/15/2009]

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• FAMILY AND MEDICAL LEAVE ACT FAQ’S
  On January 16, 2009 the U.S. Department of Labor (DOL) issued revisions for the Family and Medical Leave Act (FMLA).   Read More...  [07/06/2009]

• CURRENT I-9 FORM STILL VALID
  The U.S. Citizenship and Immigration Services (USCIS) announced that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) will continue to be valid for use beyond June 30, 2009.   Read more...   [7/2/2009]

• IRS POSTS MORE GUIDANCE ON COBRA SUBSIDY
  The Internal Revenue Service (IRS) has posted new guidance on its website about the federal COBRA premium subsidy. The new information consists of 19 questions and answers about the subsidy, and discusses topics such as voluntary coverage, involuntary termination scenarios, state coverage laws and Form W-2 reporting.]  Read More... [06/23/2009]

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• EEOC VOTES TO REVISE DISABILITY RULES
  In a somewhat historic move, the U.S. Equal Employment Opportunity Commission (EEOC) has voted to revise its regulations to conform to changes made by the ADA Amendments Act of 2008 (ADAAA), which would make it easier for an individual seeking protection under the ADA to establish that he or she has a disability.  Read More... [06/22/2009

• PROTECTING EMPLOYEES AGAINST HEAT-RELATED ILLNESSES
  The stress of working in hot weather is a concern for many as summer approaches. For the thousands of workers exposed to the oftentimes lethal combination of heat, humidity and physical labor, a few precautions can go a long way to preventing many heat-related injuries that includes everything from sun-damaged skin to fatal conditions.  Read More... [06/19/2009]

• EMPLOYER TO PAY $1.45 MILLION FOR GENDER BIASED LAYOFFS
  The U.S. Equal Employment Opportunity Commission (EEOC) has announced a major settlement of a sex discrimination lawsuit. Schott North America, a multinational developer and manufacturer of glass and specialty materials, will pay $1,450,000 and provide other equitable relief as part of the settlement.    Read More... [06/18/2009]

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• PRESIDENT EXTENDS SAME-SEX BENEFITS TO FEDERAL EMPLOYEES
  On June 17, 2009, the President signed a memorandum that extends limited benefits to the same-sex partners of gay and lesbian federal workers. The limited benefits include long-term care benefits and family and parental leave. However, the President said he legally could not grant employees' domestic partners access to health care benefits, but endorsed legislation that would provide such benefits.   Read More... [06/15/2009]

• NO RELEASE DATE FOR NEW BECK NOTICE
  Last February we reported on a new Executive Order (EO), which effectively eliminated the Beck notice requirement for government contractors and subcontractors. In place of the Beck notice, the EO directed the Secretary of Labor to create a new notice within 120 days or no later than May 30, 2009. Read More... [06/12/2009]

• OSHA OFFERS JOB HAZARD ANALYSIS TOOL
  The Occupational Safety and Health Administration (OSHA) has posted on its web site a useful publication to help employers assess hazards in the workplace. The Job Hazard Analysis Handbook, OSHA Publication 3071, includes a list of common hazards like trips, falls, electrical, as well as other potential hazards like chemical, ergonomics and radiation. Read More... [06/10/2009]

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• NEW ITEM! THE NEW HIRE PACKET
  As an added benefit for our valued subscribers, the Personnel Advisor now offers a timesaving “New Hire Packet” that contains the required forms and mandatory notices to be given to employees at the time of hire. The New Hire Packet simplifies the hiring process by combining all the paperwork into one printable file!  Read More...  [05/20/09]

• MINIMUM WAGE INCREASE ON JULY 24
  The Texas minimum wage rate will increase this summer to match the federal minimum wage. The federal minimum wage is scheduled to increase to $7.25 per hour on July 24, 2009.   Read More...  [05/19/09]

• FAQ: WHAT IS SEXUAL HARASSMENT?
  Sexual harassment is a form of sex discrimination that is prohibited by Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.    Read More... [05/18/09]

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• NEW LEGISLATION WOULD GUARANTEE PAID SICK LEAVE
  On May 18, 2009, a member of the U.S. House of Representatives introduced a bill into Congress that would guarantee paid sick leave for employees. The Healthy Families Act of 2009 (HFA) (H.R. 2460) is similar to previous bills issued in prior sessions of Congress, and would require employers with 15 or more employees to provide workers with up to 7 days of paid sick leave each year.    Read More... [05/18/09]

• WAL-MART SUED FOR NATIONAL ORIGIN HARASSMENT
  Sam’s Club, the wholesale chain store owned and operated by Wal-Mart, violated federal law by compelling Latino employees to endure a hostile work environment based upon their Mexican national origin, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed on May 7, 2009.    Read More... [05/13/09]

• OSHA NOTIFIES WORKPLACES WITH HIGH INJURY AND ILLNESS RATES
  The Occupational Safety and Health Administration has notified more than 13,500 employers nationwide that their injury and illness rates are considerably higher than the national average.    Read More... [05/12/09]

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• HOSPITAL TO PAY $100,000 FOR DISABILITY DISCRIMINATION
  A Pittsburgh hospital has agreed to pay $100,000 and furnish other equitable relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged the hospital with firing an employee because she had cancer.    Read More... [05/8/09]

• ELECTRONIC SIGNATURE AND STORAGE OF THE I-9 FORM
  Employers must retain completed Forms I-9 (Employment Eligibility Verification Form) for all employees for 3 years after the date they hire an employee, or 1 year after the date employment is terminated, whichever is later. These forms can be retained in paper, microfilm, microfiche, or electronically.   Read More... [05/7/09]

• GUIDANCE ON PREPARING WORKPLACES FOR A FLU EPIDEMIC
  With the first confirmed cases of the swine flu showing up, many businesses are reassessing their operations to determine how best to reduce the threat of pandemic flu as well as how to respond should their workplaces be hard hit.    Read More...  [4/21/09]

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• REMINDER TO USE THE NEW I-9 FORM
  The new Form I-9, Employment Eligibility Verification, is now in effect for all employers. As of April 3, 2009, all previous versions of the form are invalid and may no longer be used. The new I-9 has a revision date of “(Rev. 02/02/09) N” located on the lower right-hand corner of the form.     Read More...  [4/20/09]

• JOB DISCRIMINATION CLAIMS HIT RECORD HIGH
  Job discrimination claims filed with the U.S. Equal Employment Opportunity Commission (EEOC) rose in 2008 to the highest in the agency’s 44-year history. The newly released data show that workplace discrimination filings with the federal agency soared to an unprecedented level of 95,402 for fiscal year 2008, which ended Sept. 30. This level is a 15 percent increase from the previous year.     Read More...  [4/17/09]

• COURT APPROVES SETTLEMENT OF RELIGIOUS BIAS SUITS
  The U.S. Equal Employment Opportunity Commission (EEOC) has announced final approval by a U.S. District Court in a landmark settlement of two religious discrimination lawsuits that could change the way Muslims are treated in the workplace. The case involved Muslin prayer breaks and pork-handling exemptions, and was brought by the EEOC against a leading Minnesota-based chicken processor, Gold’n Plump Poultry, Inc., and an employment agency, The Work Connection.    Read More...  [4/15/09]

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• EMPLOYER RESOURCES FOR HIRING TEEN WORKERS
  In anticipation of the summer hiring season, OSHA has revamped its “Teen Workers” Web page to improve access to more resources for teens, parents, employers and educators on workplace safety and health.    Read More...  [4/13/09]

• EMPLOYER PAYS $1.6 MILLION IN OVERTIME BACK WAGES
  Failure to pay overtime to workers costs a Houston-based company more than $1.6 million in overtime back wages. An investigation by the U.S. Department of Labor found that IFCO Systems North America Inc., had not paid 1,751 of its employees in 17 states for the overtime hours that they worked as required by the Fair Labor Standards Act (FLSA).    Read More...  [4/10/09]

• WHISTLEBLOWERS AWARDED MILLIONS
  The Occupational Safety and Health Administration (OSHA) has ordered Southern Air Inc., a Norwalk, Conn.-based air cargo carrier, to withdraw a lawsuit it filed against nine former employees and pay them more than $7.9 million in wages, damages and legal fees.    Read More...  [4/8/09]

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• EEOC ISSUES BEST PRACTICES GUIDANCE ON WORK/FAMILY BALANCE
  The EEOC has issued a technical assistance document on best practices for avoiding discrimination against workers with caregiving responsibilities.    Read More...  [4/3/09]

• KODAK TO PAY $272,000 FOR AGE DISCRIMINATION 
  Qualex, Inc., a wholly owned subsidiary of Eastman Kodak, will pay $272,000 to settle an age discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit, initially filed in May 2008, alleged that Qualex, a photo processing company, and its parent company, Eastman Kodak, violated federal law by targeting older workers for termination through a reduction in force (RIF).   Read More...  [3/27/09]

• COMING SOON! THE NEW HIRE PACKET
  In the next few weeks, a new benefit will be added to our website that will eliminate some of the hassles connected with new hire paperwork. The soon-to-be-released “New Hire Packet” contains all the state and federal forms and mandatory notices that must be given to employees at the time of hire.
  Read More...  [3/26/09]

• IRS ISSUES REVISED FORM 941 AND COBRA FAQS
  The Internal Revenue Service (IRS) has released a revised Form 941 that reflects changes to the COBRA provisions made by the recently enacted American Recovery and Reinvestment Act of 2009 (ARRA). The updated Form 941, Employer's Quarterly Federal Tax Return, is used to claim the new COBRA premium assistance payments credit, beginning with the first quarter of 2009.  Read More...  [3/25/09]

• COBRA SUBSIDY NOTICES NOW AVAILABLE
  The U.S. Department of Labor (DOL) has finally released the much anticipated COBRA Subsidy Model Notices. The new notices are in response to the recently enacted American Recovery and Reinvestment Act of 2009 (ARRA), which mandates that employers and/or insurance plan providers notify certain current and former participants and beneficiaries about the COBRA subsidy.   Read more...   [3/23/09]

• NEW WITHHOLDING TABLES FOR EMPLOYEE TAX CREDIT
  Included in the recently enacted American Recovery and Reinvestment Act of 2009 (ARRA), is a special provision known as the "Making Work Pay" credit that will result in more take-home pay this spring for most workers.  Read more...   [3/12/09]

• STIMULUS BILL PROVIDES FEDERAL SUBSIDY FOR COBRA PREMIUMS
  On February 17, 2009, President Obama signed into law an economic stimulus bill that includes significant COBRA changes for employers.  Read more... [2/18/09]

• NEW I-9 FORM DELAYED
  On Friday, January 30, the USCIS announced a 60-day delay in requiring the new I-9 form. The new form was scheduled to go into effect February 2, 2009, but the USCIS pushed back the effective date until April 3, 2009. Until that date, employers should continue to use the previous form, with the issue date of "Rev.06/05/07 N". Click here to read the USCIS announcement. [2/2/09]

• WHAT TYPES OF RECORDS SHOULD BE INCLUDED IN AN EMPLOYEE'S PERSONNEL FILE?
  The kinds of records that should be kept in the employee’s personnel file are those that relate to job qualifications, hiring, transfer, promotions, discipline, and termination. This includes items such as an employment application, resume, employment offer letter, salary history, payroll deductions, forms relating to employee benefits, vacation and attendance records, training, performance evaluations, and documentation relating to discipline or termination.   Read More...  [01/27/2009]

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• FAILURE TO ESTABLISH FIXED WORKWEEK LED TO WAGE VIOLATIONS
  A recent investigation by the U.S. Department of Labor (DOL) revealed that a company’s failure to establish a fixed workweek resulted in employees not receiving complete wages for overtime hours worked. Read More...  [01/26/2009]

• HARASSMENT LAWSUIT COSTS EMPLOYER $462,500
  A Chicago dental practice will pay $462,500 to settle a class action lawsuit for sexual harassment and religious discrimination. In the lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency claims the employer discriminated against its employees by subjecting them to sexual advances and Scientology indoctrination.   Read More...  [01/24/2009]

• IRS ISSUES WARNING ABOUT SUSPICIOUS EMAILS
  The Internal Revenue Service (IRS) warns employers and employees to be aware of e-mail scams that fraudulently use the IRS name or Logo as a lure. Read More...  [01/23/2009]

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• OSHA POSTING DEADLINE IS FEBRUARY 1
  Employers with 11 or more employees, whose businesses are subject to OSHA recordkeeping requirements, must post annual injury/illness summaries for the preceding year from February 1 through April 30 using OSHA Form 300A.  Read more...   [1/15/09]

• NEW I-9 FORM TO BE RELEASED IN FEBRUARY
  U.S. Citizenship and Immigration Services (USCIS) recently submitted to the Federal Register an interim final rule that revises the list of documents acceptable for the I-9 Form. As a result, the USCIS has announced it will issue a revised I-9 Form on February 2, 2009, which all employers must begin using as of that date.
  Read more...   [1/13/09]

• PAYROLL CHECKLIST FOR JANUARY 2009
  Employers and employees have certain payroll obligations to consider at the beginning of the new year. Employers should notify employees of their obligations in order to make the process easier for the payroll department. The following checklist includes information that employers may want to communicate to employees via memo, payroll stuffer, or some other means.    Read More...  [12/16/2008]

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• IRS WITHHOLDING CALCULATOR
  The Employee's Withholding Allowance Certificate, Form W-4, tells the employer how many withholding allowances to use when deducting federal income tax from an employees' pay. For employees who need help determining the proper amount of federal income tax withholding, the Internal Revenue Service (IRS) offers a useful withholding calculator on its website.    Read More...  [12/14/2008]

• POSTER VENDORS AND COMMON MYTHS
  As the year draws to a close, it is a good time to remind our members about commercial poster vendors (PVs) and to expel some common poster myths. With every holiday season, employers find their mailboxes or email accounts filled with alarming notices from the PVs. These vendors often use scare tactics to turn hefty profits by selling employers a new set of employment posters each and every year.    Read More...  [12/12/2008]

• DOL RELEASES NEW FMLA POSTER AND FORMS
  The U.S. Department of Labor (DOL) has released a new poster and forms that reflects changes made by recent amendments to the Family and Medical Leave Act (FMLA). Employers covered by the FMLA (private employers with 50 or more employees and all public employers) must display the poster in a conspicuous area where employees can easily see it.    Read More...  [12/11/2008]

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• IRS ANNOUNCES 2009 STANDARD MILEAGE RATES
  The Internal Revenue Service (IRS) has announced the standard mileage reimbursement rates for 2009, used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.  Read More... [12/09/08]

• COMPANY TO PAY $1.8 MILLION FOR MISCLASSIFYING EXEMPT EMPLOYEES
  A temporary employee placement company, 888 Consulting Group Inc., doing business as TAC Worldwide, has agreed to pay 973 employees across the country a total of $1,866,943 in overtime back wages to resolve a lawsuit filed by the U.S. Department of Labor (DOL) alleging violations of the federal Fair Labor Standards Act (FLSA).   Read More...   [12/06/2008]

• EEOC SETTLES RELIGIOUS BIAS CASE FOR 2 MILLION
  The U.S. Equal Employment Opportunity Commission (EEOC) has announced a settlement for $2 million and significant remedial relief to resolve a class religious discrimination lawsuit against the University of Phoenix, Inc., and its parent corporation, Apollo Group, Inc.   Read More...  [11/25/2008]

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• ADA AMENDMENTS TAKE EFFECT JANUARY 1
  The ADA Amendments Act of 2008 (ADAAA), which goes into effect on January 1, 2009, makes significant changes to the Americans with Disabilities Act (ADA) and expands the scope of disabilities that are covered under the Act. The amendment overturns a series of Supreme Court decisions that have narrowly interpreted the ADA and makes it more difficult for employers to defend against certain claims. Listed below are some of the important changes.    Read More...  [11/24/2008]

• COMPANY TO PAY $1.6 MILLION IN BACK WAGES TO H-1B WORKERS
  Following an investigation by the U. S. Department of Labor (DOL), an information technology company (“GlobalCynex Inc”) has agreed to pay $1,683,584 to 343 non-immigrant workers after the DOL found the company violated the H-1B visa provisions of the Immigration and Nationality Act.   Read More...  [11/21/2008]

• FINAL FMLA RULE IS PUBLISHED BY THE DOL
  The much anticipated revised regulations to the Family and Medical Leave Act (FMLA) were published November 17, 2008, in the Federal Register. The regulations contain over 750 pages of revisions and clarifications of the FMLA and also provide guidance on the recently enacted Family Military Leave amendments.    Read More...  [11/11/2008]

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• REMINDER ON VOTING TIME OFF AND POSTING
  With Election Day right around the corner, it’s a good time to review California’s voting time off rules so employers are fully aware of what is required under the State’s Election Code.  Read More...   [10/27/08]

• OFFICE SAFETY TIPS: WORKSTATION ERGONOMICS
  Ergonomics is the science of fitting work to the employee. The Greek form of the word is broken into ergo (work) and nomos (laws of), and basically means “the laws of work.” Ergonomics, as a science, draws on many other disciplines as its base.   Read More... [10/24/08]

• COMPANY SUED FOR OVER $5 MILLION IN OVERTIME WAGES
  The U.S. Department of Labor (DOL) has filed a lawsuit against a building materials company for failing to properly pay overtime back wages to its employees. The company, Houston-based CEMEX Inc., failed to pay more than $5 million to about 2,000 ready mix drivers from eight states in violation of the Fair Labor Standards Act (FLSA).   Read More... [10/24/08]

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• SOCIAL SECURITY ANNOUNCES COLA FOR 2009
  The Social Security Administration recently announced that the monthly benefit for more than 55 million Americans will increase by 5.8% in 2009 – the largest increase since 1982.    Read More...  [10/24/08]

• OSHA STANDARDS FOR PERSONAL PROTECTIVE EQUIPMENT
  Protecting employees from potential head injuries is a key element of any safety program. A head injury can impair an employee for life or can be fatal. Wearing a hard hat is one of the easiest ways to protect an employee's head from injury. Hard hats can protect employees from impact and penetration hazards as well as from electrical shock and burn hazards.   Read More... [10/16/08]

• RISING HEALTHCARE COSTS HIT EMPLOYERS, WORKERS
  A recent survey released by the Kaiser Family Foundation confirms that the cost of health care coverage continues to rise, increasing the burden on both employers and workers.   Read More... [10/15/08]

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• PRESIDENT SIGNS LEGISLATION TO EXPAND PROTECTIONS UNDER THE ADA
  On September 25, 2008, the President signed into law the ADA Amendments Act of 2008 that expands protections for disabled workers.   Read more...  [9/26/08]

• STERLING JEWELERS SUED FOR SEX DISCRIMINATION
  Sterling Jewelers Inc., the largest specialty retail jeweler in the country, violated federal law by discriminating against a large class of female employees at stores nationwide, the U.S. Equal Employment Opportunity Commission (EEOC) charges in a systemic lawsuit recently filed under Title VII of the Civil Rights Act.   Read More...  [09/24/2008]

• BUREAU OF LABOR STATISTICS RELEASES 2007 WORKPLACE FATALITY DATA
  A preliminary total of 5,488 fatal work injuries were recorded in the United States in 2007, a decrease of 6 percent from the revised total of 5,840 fatal work injuries reported for 2006. Based on these counts, the rate of fatal injury for U.S. employees last year was 3.7 fatal work injuries per 100,000 employees, down from the final rate of 4.0 recorded for 2006, and the lowest annual fatality rate ever reported by the Bureau of Labor Statistics (BLS) fatality census.   Read More... [09/22/2008]

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• NEW HIPAA PRIVACY RULE GUIDANCE
  The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has published two new HIPAA Privacy Rule guidance documents. The HIPAA Privacy Rule created national standards to protect individuals’ medical records and other personal health information (PHI). PHI is defined as individually identifiable health information transmitted or maintained by electronic media or maintained in any other form or medium. The Privacy Rule also regulates how covered entities use and disclose PHI.   Read More...  [09/22/2008]

• COMPANY TO PAY $1.3 MILLION FOR HIRING ILLEGAL ALIENS
  The president of a Houston area donut company and three of its managers have pleaded guilty to hiring illegal aliens and conspiring to harbor illegal immigrants. In addition to any sentence that may be imposed, the company has agreed to pay over $1.3 million. The case is part of the government's latest crackdown on employers who hire illegal immigrants.   Read More...  [09/21/2008]

• NEW ADA GUIDANCE ON EMPLOYEE PERFORMANCE AND CONDUCT ISSUES
  U.S. Equal Employment Opportunity Commission (EEOC) has issued a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of employee performance and conduct issues. Read More...  [09/19/2008]

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• NEW! NO SMOKING SIGNS FOR YOUR BUSINESS
  The Personnel Advisor now offers laminated “no smoking” and “smoking permitted” signs at a special discounted price for members. Over the years we have received many requests for these products from subscribers who prefer the sturdy, laminated posters. To get no smoking signs for your business, please visit the Poster page to choose from two options: the free, printable no smoking signs –or– the option to purchase a laminated sign at an affordable price (scroll down on the purchase page to view the no smoking signs).

• NEW PASSPORT CARD ACCEPTABLE FOR FORM I-9 VERIFICATION
  The U.S. Citizenship and Immigration Services (USCIS) has informed the public that the new U.S. Passport Card may be used in the Employment Eligibility Verification form (I-9) process.   Read More... 08/22/2008

• DEADLINE FOR VETS-100 REPORT IS SEPTEMBER 30
  Federal contractors or subcontractors who are required to comply with the Veteran’s Employment and Training Service (VETS) reporting requirements should be aware that the deadline to file the VETS-100 report is September 30, 2008. The VETS-100 report must be submitted annually to the U.S. Department of Labor (DOL) no later than September 30 of each year.   Read More... 08/22/2008

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• IRS ISSUES 2009 MAXIMUM HSA CONTRIBUTIONS
  The Treasury Department and Internal Revenue Service issued new guidance on the maximum contribution levels for Health Savings Accounts (HSAs) and out-of-pocket spending limits for High Deductible Health Plans (HDHPs) that must be used in conjunction with HSAs.  Read more...   [08/20/2008]

• COURT SIDES WITH OLDER WORKERS IN AGE BIAS CASE
  In a closely watched case, the U.S. Supreme Court has ruled in favor of older workers in an age discrimination case. By a 7-1 vote, the Court ruled that when a company asserts layoffs of older workers were based on factors other than the workers' age, the employer has the burden of proving those factors are valid.   Read more...   [08/16/2008]

• OSHA TIPS FOR PREVENTING WOODWORKING HAZARDS
  Each year in American workplaces, powered portable and stationary mechanical saws are responsible for thousands of injuries serious enough to require medical attention. Most of these injuries occur because the saw operator is not adequately trained, or the saw blade is insufficiently protected. Read more...   [08/15/2008]

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• SOCIAL SECURITY UNVEILS NEW RETIREMENT BENEFITS CALCULATOR
  The Social Security Administration (SSA) recently unveiled a new online calculator that will provide immediate and personalized benefit estimates to help people plan for their retirement. The retirement estimator is tied to an individual’s actual Social Security earnings record and eliminates the need to manually key in years of earnings information. Read more...   [08/12/2008]

• OSHA ISSUES THIRD LARGEST FINE IN HISTORY
  The Occupational Safety and Health Administration (OSHA) has issued citations proposing penalties totaling $8,777,500 against the Imperial Sugar Company and its two affiliates alleging violations at their plants in Port Wentworth, Ga., and Gramercy, La. OSHA initiated the inspections following an explosion and fire on February 7, 2008, at the Port Wentworth refinery that claimed the lives of 13 employees and hospitalized 40 others. Read more...   [08/10/2008]

• NEW! ALL-IN-ONE COMBINATION LABOR LAW POSTERS
  In response to customer demand, the Personnel Advisor now offers laminated “all-in-one” combination posters at a special discounted price for members. Over the years we have had numerous requests for this product from subscribers who prefer the convenience of these posters.  Read more...   [07/20/2008]
  

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• EXECUTIVE ORDER REQUIRES FEDERAL CONTRACTORS TO USE E-VERIFY
  Federal contractors are now required by Executive Order to use the online E-Verify system to verify the employment eligibility of their workers. E-Verify is a free Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows enrolled employers to electronically confirm the legal status of newly hired employees.   Read More...  [07/16/2008]

• USCIS EXPLAINS 2009 CAP COUNT FOR H-1B AND H-2B WORKERS
  The U.S. Citizenship and Immigration Service (USCIS) recently issued an explanation of the annual caps set by Congress on certain nonimmigrant visa classifications used by employers to bring in foreign workers in specialty or other occupations (H-1B and H-2B visas).    Read More...  [07/15/2008] 

• OSHA CITES UNITED AIRLINES FOR SAFETY VIOLATIONS
  As a result of an investigation conducted in November 2007, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has cited United Airlines in Chicago with numerous workplace health and safety violations.    Read More...  [07/14/2008]

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• HOUSE PASSES ADA AMENDMENT ACT
  The U.S. House of Representatives recently passed a bill (H.R. 3195) that amends the Americans With Disabilities Act (ADA) and expands protections for people with disabilities, making it easier for workers to prove discrimination.    Read More...  [07/12/2008]

• HIGHER CHILD LABOR PENALTIES NOW IN EFFECT
  Under an amendment to the Fair Labor Standards Act (FLSA), employers may now be hit with new, higher penalties for child labor violations.    Read More...  [07/10/2008]

• EEOC ISSUES GUIDANCE ON RELIGIOUS DISCRIMINATION
  A new guide for handling religious diversity and discrimination issues in the workplace was recently released by the U.S. Equal Employment Opportunity Commission (EEOC).   Read More...  [07/09/2008]

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• NEW I-9 FORM RELEASED
  The U.S. Citizenship and Immigration Services (USCIS) has released a new version of the Form I-9, Employment Eligibility Verification. The new I-9 has a revision date of "(Rev. 06/16/08)N" in the bottom right corner of the form.   Read More...  [06/30/2008]

• WAL-MART TO PAY $250,000 FOR DISABILITY BIAS
  Retail giant Wal-Mart will pay $250,000 and furnish significant injunctive relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that Wal-Mart failed to accommodate and then fired a long-time pharmacy technician who suffered a disability resulting from a gunshot wound.   Read More... [06/27/2008]

• 160 EMPLOYEES ARRESTED IN IMMIGRATION RAID
  As part of year-long investigation of worksites allegedly hiring illegal aliens, on June 25 federal agents with the U. S. Immigration and Customs Enforcement (ICE) agency raided a used clothing plant in Houston, Texas, arresting more than 160 employees for immigration violations.   Read More... [06/27/2008]

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• OSHA'S TARGETED INSPECTION PLAN FOR 2008
  The Occupational Safety and Health Administration (OSHA) recently announced that its 2008 Site-Specific Targeting (SST) plan will focus on approximately 3,800 high-hazard worksites on its primary list for unannounced comprehensive safety inspections over the coming year.   Read More... [06/26/2008

• FEDERAL MINIMUM WAGE TO INCREASE JULY 24
  On July 24, 2008, the federal minimum wage will increase again from $5.85 to $6.55 per hour. This increase is the second step of a scheduled three-stage increase in the federal minimum wage rate that Congress passed into law last year. The last step occurs on July 24, 2009, when the rate will rise to $7.25 an hour.   Read More...  [06/26/2008]

• LANDMARK RESTAURANT TO PAY $2.2 MILLION FOR HARASSMENT & RACISM
  The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a $2.2 million settlement of a harassment and retaliation lawsuit under Title VII of the Civil Rights Act against Tavern on the Green, a landmark restaurant located in Central Park in New York City.   Read More...  [06/25/2008]

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• MILEAGE REIMBURSEMENT RATES TO INCREASE JULY 1
  On June 23, 2008, the Internal Revenue Service (IRS) announced an increase in the standard mileage reimbursement rates for the final six months of 2008. Taxpayers may use the optional standard mileage rates to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.   Read More... [06/24/2008]

• BUSH SIGNS GENETIC ANTI-DISCRIMINATION BILL
  On Wednesday, May 21, President Bush signed into law the Genetic Information Nondiscrimination Act (GINA). As previously reported, the Act protects personal information by prohibiting employers and insurance companies from discriminating against an individual on the basis of genetic information.   Read More... [5/19/2008]

• OCR RELEASES HIPAA PRIVACY BROCHURES
  The Office for Civil Rights (OCR) has posted on its health information privacy website two brochures designed to give individuals a better understanding of the HIPAA Privacy Rule.   Read More... [5/17/2008]

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• EMPLOYEE HANDBOOK TEMPLATE
  As an added benefit for our valued subscribers, the Personnel Advisor now offers an easy to use template that allows you to create your own employee handbook. Read More... [5/15/2008]  

• SEXUAL HARASSMENT VERDICT UPHELD AGAINST HARRIS FARMS
  The U. S. Court of Appeals for the Ninth Circuit has affirmed the judgment on a jury verdict in favor of the U.S. Equal Employment Opportunity Commission (EEOC) and farm worker Olivia Tamayo in a sexual harassment and retaliation lawsuit against California-based Harris Farms, one of the largest integrated farming operations in the Central San Joaquin Valley. Read More... [5/13/2008]  

• GENETIC INFORMATION BILL AWAITS PRESIDENT’S SIGNATURE
  On May 1, 2008, the U.S. House of Representatives approved by a vote of 414-1, the final passage of H.R. 493, the Genetic Information Nondiscrimination Act (GINA). The bipartisan legislation protects personal information by prohibiting employers and insurance companies from discriminating against an individual on the basis of genetic information.  Read More... [5/12/2008]  

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• LOCKHEED MARTIN TO PAY $773,000 IN AGE BIAS SETTLEMENT
  The U.S. Equal Employment Opportunity Commission (EEOC) recently announced the settlement of its age discrimination lawsuit against Lockheed Martin Global Telecommunications for $773,000 for a class of eight older employees.   Read More...  [4/28/2009]

• OSHA SAFETY TIPS FOR MEDICAL PROFESSIONALS
  Physicians and other medical professionals are dedicated to helping patients mend their injuries and cure their illnesses. Employers whose workplaces are in medical facilities must be aware of the importance of protecting their staff from hazards as well.  Read More... [4/25/2008] 

• SURVEY SHOWS WHAT MATTERS MOST TO EMPLOYEES
  A new survey on what American workers would like to have in a job reveals that it’s not just about the money.   Read More... [4/23/2008] 

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• DOL SUES COMPANY FOR MISMANAGEMENT OF PENSION FUNDS
  The U.S. Department of Labor (DOL) has filed a lawsuit against Chicago-based AA Capital Partners Inc. and its executives for improperly causing more than $25 million in losses for five Michigan pension funds by misusing plan assets to benefit themselves and by charging the plans excessive investment management fees.  Read More... [4/21/2008]

• ALCOHOL AWARENESS MONTH (APRIL 1-30)
  April is National Alcohol Awareness Month, and employers and other organizations are encouraged to participate by educating workers about the dangers of alcohol abuse and the resources available to help those struggling with alcohol problems.   Read More... [4/19/2008]

• H-1B VISA CAP REACHED FOR 2009
  The U.S. Citizenship and Immigration Services (USCIS) announced on April 8, 2008, that it has received enough H-1B petitions to meet the congressionally mandated cap for 2009.   Read More... [4/16/2008]

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• SUPREME COURT RULES EMPLOYEES CAN SUE OVER 401(K) MISCONDUCT
  The U.S. Supreme Court has ruled that individual participants in 401(k) retirement plans can sue plan fiduciaries to recover losses that result from mishandling of their individual retirement accounts.    Read More... [3/29/2008]

• NEW DATABASE FOR DISABLED JOB CANDIDATES
  The U.S. Department of Labor (DOL) has announced the availability of nationwide database for employers that includes 1,769 new job candidates with disabilities seeking work in a wide variety of fields.    Read More... [3/24/2008]

• OSHA QUICK TIPS ON COMBUSTIBLE DUST
  Recently, employers rolled their clocks forward one hour, initiating the start of Daylight Saving Time. The proverbial "spring forward" also reminds us that spring cleaning is right around the corner.   Read More...   [3/16/2008]

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• SUPREME COURT SIDES WITH WORKERS IN AGE DISCRIMINATION CASE
  Last week, the United States Supreme Court issued an important decision concerning age discrimination lawsuits.   Read More...   [3/4/2008]

• DHS ANNOUNCES HIGHER FINES FOR IMMIGRATION VIOLATIONS
  The federal government will raise by 25% the fines it levies against employers who knowingly hire illegal immigrants. The announcement was made on February 22, 2008, by Attorney General Michael Mukasey and Homeland Security Secretary Michael Chertoff in a joint briefing about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security.   Read More...   [2/25/2008]

• TEMPORARY POSTER FOR FMLA MILITARY LEAVE
  The U.S. Department of Labor (DOL) has issued a temporary Family and Medical Leave Act (FMLA) poster insert titled "Notice Military Family Leave." According to the DOL’s Wage and Hour Division, employers are not required to post this temporary notice. However, the DOL encourages employers to use the notice until the final version of the revised FMLA poster is released.   Read More...  [2/21/2008]

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• FEDEX FINED $319 MILLION FOR MISCLASSIFYING INDEPENDENT CONTRACTORS
  The Internal Revenue Service (IRS) has ordered the FedEx Corporation to pay $319 million in back taxes and penalties for misclassifying its ground delivery workers as independent contractors.   Read More...   [2/22/2008]

• FURNITURE COMPANY TO PAY $465,000 FOR RACIAL HARASSMENT
  The U.S. Equal Employment Opportunity Commission (EEOC) has announced the settlement of a racial harassment lawsuit for $465,000 and significant remedial relief against Henredon Furniture Industries, Inc. on behalf of African American employees who were subjected to a persistent racially hostile work environment at a furniture plant. Read More...  [2/20/2008]

• NEW FMLA RULES PROPOSED BY DOL
  The U.S. Department of Labor (DOL) recently issued proposed rules to update its regulations under the Family and Medical Leave Act (FMLA). Read More...  [02/18/08]

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• NEW FMLA LEAVE FOR MILITARY FAMILIES
  The President has signed a bill that expands the federal Family and Medical Leave Act (FMLA) for the first time since its enactment 15 years ago. The measure, part of a defense authorization package, amends the FMLA to provide two new types of FMLA leave to employees with family members serving in the military.   Read more...   [2/4/08] 

• 2007 WAS A RECORD YEAR IN WAGE RECOVERY FOR DOL
  The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has released its enforcement data for last year and the numbers reveal that 2007 was a record year in wage recovery.   Read more...   [1/22/08]

• OSHA POSTING DEADLINE IS FEBRUARY 1
  Employers with 11 or more employees, whose businesses are subject to OSHA recordkeeping requirements, must post annual injury/illness summaries for the preceding year from February 1 through April 30 using OSHA Form 300A.   Read more...   [1/16/08]

• EEOC ISSUES RULE TO PROTECT RETIREE HEALTH BENEFITS
  The EEOC recently issued a long-awaited regulation permitting employers to exclude retirees from health benefits after they become Medicare-eligible without risk of violating the Age Discrimination in Employment Act (ADEA). Read more...   [1/10/08]

• 2008 UI TAX RATES TO DECREASE FOR MOST EMPLOYERS
  Most Texas employers will save on their Unemployment Insurance (UI) taxes this coming year due to a decrease in the UI tax rates, the Texas Workforce Commission recently announced.   Read more...   [12/21/07]

• PAYROLL CHECKLIST FOR JANUARY 2008
  Employers and employees have certain payroll obligations to consider at the beginning of the new year.   Read more...   [12/20/07]

• NEW IRS FORMS W-4 AND W-9 NOW AVAILABLE
  The new W-4 for 2008 is now available in the Forms section.  Employers should have the following employees complete the W-4 form..   Read more...  [12/19/07]

• FINAL RULE ON EMPLOYER-PAID PERSONAL PROTECTIVE EQUIPMENT
  The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced in the November 15, 2007 Federal Register a final rule on employer-paid personal protective equipment (PPE).   Read more...  [12/19/07]

• A SAFE AND SOBER MESSAGE ABOUT WORKPLACE PARTIES AND DRINKING
  The workplace is frequently a place where employees and employers get together to celebrate special events. Workplace parties typically mean lots of music, food and drinks.   Read more...   [12/17/07]

• NEW I-9 DEADLINE IS DECEMBER 26
  As discussed in a previous update, the U.S. Citizenship and Immigration Services (USCIS) has released a new Form I-9. Following its release, the USCIS announced in the November 26, 2007 edition of the Federal Register that employers must transition to the newly revised Employment Eligibility Verification Form (I-9) no later than December 26, 2007.   Read more...[12/12/07]

• IRS RELEASES MILEAGE RATES FOR 2008
  The Internal Revenue Service (IRS) has issued the 2008 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.   Read more...   [11/29/07]

• PENALTY FOR FAILING TO REPORT NEW HIRES
  As most employers are aware, federal and state laws require employers to provide information about all new or rehired workers to the Texas Attorney General’s Office within 20 days of the effective hire date. A recent amendment to the new hire reporting law will affect all employers who fail to report new hires.   Read more...   [11/26/07]

• BLS RELEASES 2006 WORKPLACE INJURY AND ILLNESS RATES
  The Bureau of Labor Statistics (BLS) recently reported a decline in the rate of workplace injuries and illnesses in private industry for the fourth consecutive year. Approximately 4.1 million injuries and illnesses occurred in 2006.   Read more...   [11/20/76]

• FREQUENTLY ASKED QUESTIONS ABOUT THE NEW I-9 FORM
  We have been receiving many questions about the new I-9 Form. The questions and answers listed below address many of those posed by our subscribers.   Read more...   [11/14/07] 

• NEW I-9 FORM RELEASED
  After years in the making, the U.S. Citizenship and Immigration Services (USCIS) has finally released a new I-9 Form.   While the USCIS has not yet released a formal announcement, the new form has been released and is now available for use.   Read more...   [11/8/07]

• BLOOMBERG SUED FOR PREGNANCY BIAS
  The Equal Employment Opportunity Commission (EEOC) has filed a pregnancy discrimination lawsuit against Bloomberg LP, the news and financial services company founded by New York City Mayor Michael Bloomberg in 1981.  Read more...   [10/26/07]

• OSHA TIPS FOR COMPUTER USE
  Today, the vast majority of Americans regularly access computers. This includes the many millions who use computers daily at work.   Read more...   [10/24/07]

• NEW ERISA COMPLIANCE WEB TOOL LAUNCHED
  The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has released a new interactive Web tool to serve as a resource for employers in complying with federal employee benefit laws.   Read more...   [10/17/07]

• EEOC FILES RACE DISCRIMINATION SUIT AGAINST CERIDIAN
  The Equal Employment Opportunity Commission (EEOC) has filed a race discrimination lawsuit against Ceridian Corporation based on allegations that a black employee was fired from the company after making a racial bias complaint.   Read more…   [10/5/07] 

• JUDGE APPROVES $57 MILLION SETTLEMENT AGAINST SPRINT-NEXTEL
  A federal judge has approved a $57 million settlement that resolves a series of age discrimination lawsuits claiming that Sprint Nextel Corporation targeted older workers when it fired nearly 1,700 former employees.   Read more...   [9/26/07] 

• COURT HALTS NO-MATCH RULE
  As we reported last month, a new “safe harbor” rule issued by the Department of Homeland Security (DHS) established new procedures for employers to follow upon receipt of a no-match letter from Social Security Administration (SSA).  Read more...   [9/25/07]

• OSHA OFFERS SCAFFOLD SAFETY TIPS
  According to the Occupational Safety and Health Administration (OSHA), scaffolding accidents are one of the leading causes of injuries and deaths at American workplaces.   Read more...   [9/24/07]

• SUBSTANCE ABUSE POSES SPECIAL PROBLEMS IN THE WORKPLACE
  Most of the nation’s approximately 16.4 million current illicit drug users and approximately 15 million heavy alcohol users hold full-time jobs, according to a new study by the Substance Abuse and Mental Health Services Administration (SAMHSA).   Read more...   [9/20/07] 

• DOL ANNOUNCES DRUG-FREE WORK WEEK FOR 2007
  The U.S. Department of Labor has announced that this year's National Drug-Free Work Week will take place October 14 through 20. The purpose of Drug-Free Work Week is to educate employers, employees and the general public about the importance of being drug-free as an essential component of a safe and healthful workplace.   Read more...   [9/17/07]

• DHS ANNOUNCES NEW SAFE HARBOR RULE FOR EMPLOYERS WHO RECEIVE A NO-MATCH LETTER
  The Department of Homeland Security (DHS) has announced that it has finalized a new rule that permits employers to take advantage of a safe harbor if they received a “no match” letter from the Social Security Administration (SSA.)   Read more...   [8/28/07] 

• TEXAS POSTER CHANGE
  The state of Texas has revised its “Child Labor Law" poster and it is now available for subscribers to download and print.   Read more...   [8/24/07]

• CAESARS PALACE TO PAY $850,000 FOR SEXUAL HARASSMENT AND RETALIATION
  The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that  Caesars Palace will pay $850,000 to settle a sexual harassment and retaliation lawsuit.   Read more...   [8/22/07]

• 2007 EEO-1 REPORT DUE FROM EMPLOYERS SEPTEMBER 30
  Employers who are required to file the annual EEO-1 Report should take note that the deadline for filing the report is September 30.   Read more...   [8/16/07] 

• NEW FEDERAL MINIMUM WAGE NOW IN EFFECT
  As previously reported, recently passed legislation will increase the federal minimum wage three times over the next two years. The first increase occurred on July 24, 2007, raising the federal minimum wage rate to $5.85. In addition, all employers must now have posted...   Read more...   [7/24/07] 

• SUPREME COURT: HOME HEALTH CARE WORKERS NOT ENTITLED TO OVERTIME PAY UNDER FEDERAL LAW
  The Supreme Court has ruled in a 9-0 decision that home care workers are not entitled to overtime pay under federal law.   Read more...   [7/23/07] 

• EEOC AMENDS ADEA REGULATIONS TO CONFORM WITH SUPREME COURT RULING
  The U.S. Equal Employment Opportunity Commission (EEOC) has published a final rule on age discrimination in the workplace to conform with the Supreme Court’s decision in General Dynamics Land Systems, Inc. v. Cline (2004).   Read more...   [7/17/07]

• MINIMUM WAGE SET TO INCREASE NEXT MONTH
  The federal minimum wage is set to increase for the first time in nearly a decade on July 24, 2007.  The Fair Minimum Wage Act of 2007, recently signed into law by the President, will raise the minimum wage three times over the next two years.  Based on the new legislation, the minimum wage will increase in three stages...Read more...   [6/25/07]

• SUPREME COURT ENFORCES TIME LIMITS ON PAY BIAS LAWSUITS
  The United States Supreme Court has issued an important ruling that affects filing deadlines in pay discrimination lawsuits.   Read more...   [6/14/07]

• MOST EMPLOYEES DON'T REACT TO WARNINGS OF VIOLENCE
  Ann Rule, the best-selling true-crime writer, worked side-by-side with Ted Bundy, one of the nation's most notorious serial killers, at a Seattle suicide hot line in the early 1970s. Yet Bundy's on-the-job behavior never raised the hairs on the back of her neck (By Maureen Milford).   Read more...   [6/12/07]

• EEOC ISSUES GUIDANCE ON WORKERS WITH CAREGIVING RESPONSIBILITIES
  The U.S. Equal Employment Opportunity Commission (EEOC) has issued a guidance document on how federal EEO laws apply to workers with caregiving responsibilities.   Read more...   [6/11/07] 

• PRESIDENT SIGNS BILL INCREASING MINIMUM WAGE
  President Bush has signed the Fair Minimum Wage Act of 2007 which means the current minimum wage of $5.15 an hour will rise to $5.85 an hour within 60 days, to $6.55 an hour in 2008, and to $7.25 an hour by 2009.  New posters will be required by July 24, 2007.  Once the new poster is released, it will be available to download and print, free of charge, in the Poster section.   [5/30/07]

• CONGRESS APPROVES MINIMUM WAGE INCREASE
  The first increase in the federal minimum wage in nearly a decade was approved by Congress on Thursday, May 24, 2007.  The legislation (Fair Minimum Wage Act of 2007) is part of an Iraq war funding bill, and the President is expected to quickly sign the bill into law.   Read more...   [5/25/07]

• TWC RECOVERS MILLIONS IN UNPAID UI TAXES AND SUTA DUMPING
  The Texas Workforce Commission (TWC) recently announced that in calendar year 2006, it recovered $32 million in unpaid unemployment insurance (UI) taxes, representing a 12.4 percent increase in collections from 2005.   Read more...   [5/17/07]

• USE CURRENT FORM I-9 UNTIL REPLACEMENT IS RELEASED
  We have been receiving many inquiries regarding a revised Form I-9, Employment Eligibility Verification.   Read more...   [5/16/07]

• DOL PROPOSES NEW CHILD LABOR REGULATIONS
  On April 17, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking, in which the department outlined proposed revisions to the child labor regulations under the Fair Labor Standards Act (FLSA).   Read more...   [5/7/07]

• AGREEMENT REACHED ON MINIMUM WAGE INCREASE
  Congressional leaders in the House and Senate have agreed on a package of small business tax incentives that should allow passage of the federal minimum wage bill.   Read more...   [4/25/07]

• EEOC SETTLES SEX BIAS CASE FOR $2.3 MILLION
  The U.S. Equal Employment Opportunity Commission (EEOC) announced that it has resolved its lawsuit charging that an Ohio car dealership discriminated against a class of qualified women on the basis of sex by refusing to hire them for automobile sales positions.   Read more...   [4/16/07]

• OSHA TOP 10 SAFETY VIOLATIONS FOR 2006
  The Occupational Safety & Health Administration (OSHA) recently released the “top 10” most frequently cited violations in fiscal year 2006.   Read more...   [3/27/07]

• NEW LEGISLATION PROPOSES PAID SICK LEAVE
  The Senate Committee on Health, Education, Labor, and Pensions recently heard testimony (2-13-07) on the proposed Healthy Families Act (HFA), a bill that would guarantee employees seven days of paid sick leave per year.   Read more...  [3/26/07]

• U.S. BUSINESSES NOT PREPARED FOR AGING WORKFORCE
  More than one-fourth of U.S. businesses are not prepared for the changes in the American workforce as a record number of aging employees retire, according to the results of a new national survey by researchers at Boston College.   Read more...   [3/22/07]

• NEW EEOC PUBLICATION ON THE EMPLOYMENT OF HEALTH CARE WORKERS
  A new fact sheet released by the U.S. Equal Employment Opportunity Commission (EEOC) focuses on the application of the Americans with Disabilities Act (ADA) to employees and job applicants in the health care industry.   Read more...   [3/19/07]

• WALGREENS SUED FOR JOB BIAS AGAINST BLACKS
  The U.S. Equal Employment Opportunity Commission (EEOC) has filed an employment discrimination class lawsuit against Walgreen Co., the Illinois-based national drugstore chain, alleging widespread racial bias against thousands of African-American workers.   Read more...   [3/09/07]

• EEOC: JOB DISCRIMINATION COMPLAINTS UP IN 2006
  Job discrimination complaints filed with the Equal Employment Opportunity Commission (EEOC) rose in 2006 for the first time in four years. A recent report by the EEOC revealed that complaints increased to 75,768 during Fiscal Year 2006 from 75,428 the previous year.   Read more...   [2/23/07]

• DOL UNVEILS NEW GUIDANCE ON PREPARING WORKPLACES FOR FLU PANDEMIC
  The Department of Labor's Occupational Safety and Health Administration (OSHA) recently unveiled new workplace safety and health guidance that will help employers prepare for an influenza pandemic.   Read more...   [2/22/07]

• OSHA RELEASES NEW POSTER; REPLACEMENT NOT REQUIRED
  On February 12, 2007, the Department of Labor's Occupational Safety and Health Administration (OSHA) announced the release of its new "It's The Law" poster.   Read more...   [2/21/07]

• EMPLOYER TO PAY $225,000 IN SAME-SEX HARASSMENT CASE
  In a rare same-sex harassment case, a federal jury has returned a $225,000 verdict against Hill Brothers Construction Company and Engineering Company, Inc. (Hill Brothers).  The lawsuit was brought by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of male employees who were sexually harassed by other men.   Read more...   [2/16/07]

• NEW POSTING REQUIREMENT FOR TEXAS EMPLOYERS
  All Texas employers who participate in the workers’ compensation program must post a new notice to employees about the Ombudsman Program.   Read more...   [2/5/07]

• TWC CLARIFIES THE DISTINCTION BETWEEN INDEPENDENT CONTRACTOR AND EMPLOYEE
  In an effort to eliminate confusion and to better define the term “contract labor,” the Texas Workforce Commission (TWC) recently clarified the distinction between independent contractors and employees.   Read more...   [1/16/07]

• OSHA POSTING REMINDER
  Employers with 11 or more employees, whose businesses are subject to OSHA recordkeeping requirements, must post OSHA Form 300A, "Summary of Work-Related Injuries and Illnesses," from February 1 through April 30.   Read more...   [1/15/07]

• MINIMUM WAGE BILL PASSES HOUSE; MOVES TO SENATE
  On Wednesday, January 10, the Democratic-controlled House of Representatives overwhelmingly approved (315-116) a $2.10 increase in the federal minimum wage.  Later this week, the Senate version of the bill is set to be introduced, where it is expected that lawmakers will add millions in tax breaks for small businesses.   Read more...   [1/11/07]

• PAYROLL CHECKLIST FOR JANUARY 2007
  As the current year draws to a close and a new year begins, employers have certain year-end payroll obligations as well as new payroll information to consider for 2007. Employers may also want to notify employees of their obligations...   Read more...   [12/20/06]

• SOCIAL SECURITY ADMINISTRATION ANNOUNCES TAXABLE WAGE BASE FOR 2007
  The Social Security Administration (SSA) recently announced upcoming changes in benefits and taxable wages for 2007.   Read more...  [12/19/06]

• HO-HO-HO: POSTER VENDORS AND A BIG BAG OF SCARE TACTICS
  Once again, we are getting lots of calls from our subscribers who tell us they are receiving an onslaught of alarming notices from Poster Vendors (PVs). As the year draws to a close, it is a good time to remind our members that the goal of most of these PVs is to turn a hefty profit by selling employers a new set of employment posters each and every year.   Read more...   [12/15/06]

• NEW WEB ADDRESS FOR ONLINE REPORTING OF NEW HIRES
  The website address has changed for online reporting of newly-hired employees. The previous address, www.newhire.org/tx, is no longer working.  The new location has moved to...   Read more....   [11/17/06]

• IRS RELEASES MILEAGE RATES FOR 2007
  The Internal Revenue Service (IRS) has issued the 2007 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.   Read more...   [11/9/06]

• NLRB RULING DEFINES "SUPERVISORY STATUS" FOR RNs
  The National Labor Relations Board (NLRB) has issued a ruling setting forth guidelines for determining whether an individual is a “supervisor” under the National Labor Relations Act (NLRA). The 3-2 decision, released on October 3, 2006, held that permanent charge nurses at hospitals should be categorized as supervisors.   Read more...   [10/17/06]

• BLS REPORT ON EMPLOYEE BENEFITS IN PRIVATE SECTOR
  A recently released report by the Bureau of Labor Statistics (BLS) of the U.S. Department of Labor (DOL) found that 71 percent of workers in private industry had access to employer-sponsored medical care plans, and 52 percent participated in medical care plans in March 2006.  Read more...   [10/11/06]

• LOAN COMPANY ORDERED TO REPAY WORKERS $500,000 IN BACK WAGES
  The U.S. Department of Labor (DOL) recently announced that Q.C. Financial, Inc., a payday loan establishment that operates under the name “Quick Cash” has paid $519,088 in back wages to 900 employees.  Read more...   [9/5/06]

• FBI AND HOMELAND SECURITY OFFER TIPS ON WORKPLACE SAFETY
  The FBI and U.S. Department of Homeland Security recently launched a jointly-produced poster campaign aimed at improving both physical and cyber security in the private and federal workplaces.   Read more...   [9/1/06]

• REWARDS FOR JOB CREATION PART OF NEW TAX STRUCTURE
  Rewards to employers who create more jobs and for those who provide health care, pensions and other benefits for their employees are part of the new tax plan (House Bill 3) which Governor Perry signed into law on May 19, 2006.  Read more...   [8/10/06]

• IMMIGRATION AND CUSTOMS ENFORCEMENT UNIT ENHANCES WORKSITE ENFORCEMENT
  The Immigration and Customs Enforcement Unit (ICE) is significantly enhancing its worksite enforcement efforts as part of its interior enforcement strategy.  Read more...   [8/4/06]

• WORKINTEXAS.COM PUTS EMPLOYERS IN TOUCH WITH JOB APPLICANTS
  WorkinTexas.com, a comprehensive, easy-to-use, free online employment resource that matches Texas employers of all sizes and types with qualified job seekers, is beginning its third year of operation  Read more...   [7/17/06]

• SUPREME COURT SIDES WITH EMPLOYEES FOR ACTS OF RETALIATION
  In a unanimous decision announced June 22, 2006, the U.S. Supreme Court has sided with employees who file discrimination suits alleging retaliation by employers. In so ruling, the Court clarified the scope of the anti-retaliation provision of Title VII of the Civil Rights Act of 1964.  Read more...   [7/13/06]

• COURT RULES AGAINST ALAMO IN FIRST POST-9/11 BACKLASH DISCRIMINATION CASE
  A federal judge has ruled against Alamo Rent a Car in a case of religious discrimination. The case was filed by the Equal Employment Opportunity Commission (EEOC) on behalf of a Muslim employee who was denied a workplace accommodation for her sincerely held Islamic beliefs and practices, and then discharged shortly after the 9/11 terrorist attacks.   Read more...   [6/28/06]

• RISING HEALTH CARE COSTS RESULTS IN GROWING ENROLLMENT IN CONSUMER-DIRECTED HEALTH PLANS
  According to a new report issued by the U.S. Government Accountability Office (GAO), insurance carriers, employers, and individuals are showing increasing interest in consumer-directed health plans (CDHPs).   Read more... [6/14/06]

• EEOC ISSUES NEW GUIDE TARGETING WORKPLACE BIAS
  The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a new compliance manual in an effort to clarify how employers and employees should interpret anti-discrimination laws founds in Title VII of the Civil Rights Act of 1964.  Read more...   [5/3/06]

• DISCLOSURE OF PHI UNDER HIPAA PRIVACY RULES
  The Department of Health and Human Service (HHS) recently released new information to help clarify the conditions under which health plan sponsors can disclose protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA).  Read more...   [4/12/06]

• EEOC WINS DISABILITY DISCRIMINATION LAWSUIT AGAINST FEDEX
  On March 2, 2006, a federal jury found in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in its employment discrimination lawsuit against Federal Express Corporation (FedEx) for violating the Americans with Disabilities Act (ADA).  Read more...   [3/8/06]

• TEXAS POSTER CHANGES
  The state of Texas has recently revised several of its employment posters, including Workers’ Compensation notices, the Texas Equal Employment Opportunity poster, and the Texas Child Labor poster.  Previous versions should be replaced with the new, updated posters.  Don't pay extra for your posters! Unlike the infamous Poster Vendors who charge $$$ for these posters, subscribers can print these posters for free simply by visiting the Poster section...   [3/7/06]

• RETURN-TO-WORK PILOT PROGRAM OFFERS REIMBURSEMENTS FOR SMALL EMPLOYERS
  Texas employers with 2 to 50 employees may be eligible for up to $2,500 annually for the costs of workplace modifications, equipment, tools, furniture or devices, or other related costs paid by the employer to bring an injured employee back to work in a modified duty or alternate duty capacity. Read more...   [2/23/06]

• OSHA LEVIES RECORD $21 MILLION FINE AFTER PLANT EXPLOSION IN TEXAS CITY
  OSHA has fined a company, BP Products North America, more than $21 million in penalties for safety and health violations following an investigation of a fatal explosion at its Texas City refinery in March 2005.  Read more...   [1/25/06]

• PAYROLL CHECKLIST FOR JANUARY 2006
  Employers and employees have certain payroll obligations as well as new payroll information to consider at the beginning of the new year.  Read more...   [1/12/06]

• TEXAS IDENTITY THEFT ENFORCEMENT AND PROTECTION ACT
  The new Texas Identity Theft Enforcement and Protection Act requires all businesses to implement and maintain reasonable security measures to protect and safeguard sensitive personal information, and to notify the owners of that information of any security breaches.  Read more...   [12/22/05]

• POSTER VENDORS FLOOD BUSINESSES WITH ALARMING NOTICES
  It’s that time of the year again. We have been receiving lots of calls from our subscribers, and we have been getting the same alarming notices in the mail. The Poster Vendors (PVs) are out in full force and once again sending a barrage of faxes, e-mails, and direct mail notices in an attempt to convince unsuspecting employers into buying their products (e.g, Posters).  Read more...   [11/21/05]

• ONLINE VERIFICATION OF SOCIAL SECURITY NUMBERS
  The Social Security Number Verification Service (SSNVS) allows employers to use an online program to match their records of employee names and Social Security numbers with Social Security records before preparing and submitting W-2 Forms.  Read more...   [11/18/05] 

• SOCIAL SECURITY ADMINISTRATION ANNOUNCES TAXABLE WAGE BASE FOR 2006
  The Social Security Administration (SSA) recently announced upcoming changes in benefits and taxable wages for 2006.  Read more...   [11/4/05]

• DOL WEBSITE ASSISTS HURRICANE VICTIMS IN LOCATING EMPLOYEE BENEFIT SPONSORS
  The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) just launched a website providing contact information on employee benefit plan sponsors whose operations have been disrupted by Hurricanes Katrina and Rita.  Read more....  [10/24/05]

• EEOC: FEDERAL LAW PROTECTS THOSE WHO ASSOCIATE WITH THE DISABLED
  The U.S. Equal Employment Opportunity Commission (EEOC) has issued a question-and-answer-style document about a little-known but significant provision of the Americans with Disabilities Act (ADA) that protects applicants and employees from discrimination based on their association with people with disabilities.  Read more...   [10/20/05]

• DEADLINE FOR VETS-100 REPORT IS SEPTEMBER 30
  Federal contractors or subcontractors who are required to comply with the Veteran’s Employment and Training Service (VETS) reporting requirements should be aware that the deadline to file the VETS-100 report is September 30, 2005.  Read more...   [9/19/05]

• DHS SUSPENDS I-9 DOCUMENTATION FOR KATRINA VICTIMS
  The Department of Homeland Security (DHS) has announced that it will not penalize employers for hiring victims of Hurricane Katrina who are unable to provide documentation of their identity and work authorization status as required for completion of Form I-9. Read more...   [9/16/05]

• IRS HIKES MILEAGE REIMBURSEMENT RATES
  On Friday, September 9, 2005, the Internal Revenue Service (IRS) announced an increase in the mileage rate used to reimburse employees for the use of vehicles on the job.  Read more...    [9/14/05]

• OFCCP TO HEIGHTEN ENFORCEMENT OF BECK NOTICE
  The U.S. Department of Labor (DOL) recently announced that the Office of Contract Compliance Programs (OFCCP) will begin stepping up its efforts to enforce compliance with Executive Order 13201 during complaint investigations and compliance reviews.  Read more...    [9/6/05]

• NEW POSTING REQUIRED FOR RESTAURANT AND BAR OWNERS
  Effective September 1, 2005, all Texas restaurant and bar owners must post a sign warning wait staff employees of criminal penalties for identity theft. The new posting requirement is a result of new legislation, House Bill 932, which was signed into law last May and is designed to address identity theft and the misuse of credit cards.  Read more...   [8/31/05]

• FAILURE TO POST EEOC NOTICE REVIVES DISCRIMINATION CASE
  A recent court case illustrates yet another reason why it is so important that employers post all of the legally required employment notices in the workplace. An appeals court held that a discrimination lawsuit, which had been dismissed by a lower court, could move forward due to the employer's failure to post the required federal Equal Employment Opportunity Commission (EEOC) poster giving the employee notice of his rights.  Read more...   [8/24/05]

• EMPLOYER HELD LIABLE FOR DISCHARGING RETURNING VETERAN
  A recent decision by a federal court offers a cautionary message to employers who must increasingly accommodate veterans returning from military service. The court ordered an employer to pay...  Read more...   [8/15/05]

• U.S. HOUSE PASSES BUSINESS-FRIENDLY OSHA BILLS
  The U.S. House of Representatives recently approved legislation to make OSHA more business-friendly. If approved by the Senate and then enacted into law, the legislation would..  Read more...   [8/10/05]

• EEOC LAUNCHES NEW CALL CENTER
  The Equal Employment Opportunity Commission (EEOC), which is the federal agency responsible for enforcing the nation’s anti-discrimination laws in the workplace, recently launched its first nationwide call center to help respond to the more than 1 million calls the agency receives each year.  Read more...   [7/25/05] 

• WARNING: POSTER VENDOR SCARE TACTICS
  Another state has issued warnings about the unscrupulous practices of poster vendors.  Read more...  [7/14/05]

• NEW FORM I-9 RELEASED
  On June 21, 2005, the U.S. Citizenship and Immigration Services (USCIS) announced the release of a revised Form I-9, the Employment Eligibility Verification Form. The new form is dated 5/31/05. However, employers may use prior editions of the Form I-9 until the end of the year.  Read more...  [7/5/05]

• NEW LAW AUTHORIZES ELECTRONIC SIGNATURE AND STORAGE OF I-9'S
  A new federal law – now in effect - gives employers greater options for streamlining the I-9 employment verification process.  The new law, H.R. 4306, allows employers to electronically complete, sign and store Form I-9, the Employment Eligibility Verification Form required by the Immigration Reform and Control Act (IRCA). Read more...  [6/15/05]

• NEW LEGISLATION WOULD GUARANTEE PAID SICK LEAVE
  A bill now pending in Congress (S. 932, H.R. 1902) would guarantee most employees seven paid days of sick leave a year.  Read more...  [6/13/05]

• HEALTH SAVINGS ACCOUNTS
  Health Savings Accounts (HSAs), which became available in last year as part of the Medicare reform law, are similar to Medical Savings Accounts (MSAs) but are much less restrictive.  Read more...  [5/31/05]

• NEW DISPOSAL RULES FOR CONSUMER INFORMATION
  The Federal Trade Commission (FTC) has issued new rules that require all employers to properly dispose of and destroy consumer information. Effective June 1, 2005, any person who maintains or otherwise possesses consumer information for a business purpose must dispose of discarded consumer information in such a way that it cannot be accessed or used by others.  Read more...  [5/16/05]

• WEB PROGRAM FOR VERIFYING WORK ELIGIBILITY
  The U.S. Citizenship and Immigration Services (USCIS) has a voluntary, web-based program that allows employers to use an automated system to verify the employment authorization of all newly hired employees. The "Basic Pilot Program," which was originally available in only five states, was recently extended to all 50 states.  Read more...  [4/27/05]

• USERRA POSTER NOW AVAILABLE IN SPANISH
  The U.S. Department of Labor (DOL) has just released a Spanish version of the newly required USERRA poster. All employers must display the new USERRA poster as of March 10, 2005, and employers that have Spanish speaking employees should display the notice in Spanish. Both the English and Spanish versions of the USERRA poster may be printed, free of charge, in the Poster section. [4/11/05]

• NO CHANGE IN THE FEDERAL MINIMUM WAGE
  Last week the U. S. Senate rejected two competing amendments to raise the minimum wage. The first amendment, offered by democratic Senator Edward Kennedy, would have increased the minimum wage over a period of two years from the current $5.15 an hour to $7.25 an hour. The second amendment, offered by republican Senator Rick Santorum, would have increased the minimum wage to $6.25 over two years. Neither amendment received support from the opposing party, and both failed. As a result, the federal minimum wage remains at $5.15.   [3/15/05]

• NEW USERRA POSTER NOW AVAILABLE
  The new USERRA poster has been released and is now available for printing in the Posters section. The new notice must be posted wherever the employer posts other required notices, beginning on March 10, 2005. Don't pay extra for your posters! As a paid subscriber to The Personnel Advisor, you can print them for free...  [3/10/05] 

• USERRA AMENDMENTS CREATES NEW REQUIREMENTS FOR EMPLOYERS
  The Veterans Benefits Improvement Act of 2004 (VBIA), signed by President Bush on December 10, 2004, amends the Uniformed Services Employment and Reemployment Rights Act (USERRA) and creates new obligations for employers.  Read more...   [2/15/05]

• OSHA POSTING REMINDER
  Employers with 11 or more employees must post the OSHA 300A, Summary of Work-Related Injuries and Illnesses, from February 1 through April 30. OSHA Form 300A is a summary of the injuries and illnesses that occurred during 2004, and is to be displayed in a common area wherever notices to employees are usually posted. The log must be posted even if there are no injuries or illnesses for the year recorded (Note: employers with 10 or less employees are generally exempt from this requirement as are certain exempt industries.) The OSHA Form 300A is available for printing in both the Posters and Forms sections. [1/31/05]

• USCIS DELAYS RELEASE OF NEW I-9 FORM
  The new Form I-9 has not been released, and, according to the latest word from the United States Citizenship and Immigration Services (USCIS), it may not be released for another year.  Read more...  [1/27/05]

• PAYROLL CHECKLIST AND IRS MILEAGE RATES FOR 2005
  As the new year begins, employers have certain year-end payroll obligations as well as new payroll information to consider for 2005. Employers may also want to notify employees of their obligations in order to make the year-end process easier for the payroll department. Read more...

• LABOR DEPARTMENT MODIFIES CHILD LABOR RULES
  The Department of Labor (DOL) recently published final regulations implementing changes to the Fair Labor Standards Act's (FLSA) child labor laws. In general, the minimum age for employment in non-agricultural jobs is 16, but the DOL also permits 14- and 15-year-olds to work in a limited capacity in certain jobs in retail, food services, and gasoline service establishments while prohibiting their employment in other occupations. The new rules, which become effective on February 14, 2005, expand protections for youth working in restaurant cooking, roofing, and driving, among other changes.  Read More...  [01/05/05]