News

ROE IS GONE – EMPLOYERS REVIEW BENEFITS AND LEAVE POLICIES

ROE IS GONE – EMPLOYERS REVIEW BENEFITS AND LEAVE POLICIES Undoubtedly, you’ve heard that the US. Supreme Court’s ruling overturning Roe v Wade was issued today, leaving state laws to control the issue.  While many employers are not taking a formal position on the issue, many employers are sensitive to...

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INDEPENDENT CONTRACTORS VS EMPLOYEES – UPDATE

INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees.  The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...

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EMPLOYEE BACKGROUND CHECKS

EMPLOYEE BACKGROUND CHECKS Background checks are an essential part of the hiring process and can help employers make better hiring decisions by uncovering valuable information about a candidate’s work experience, however employers need to be mindful of the rules surrounding them.  Background checks are governed by The Fair Credit Reporting...

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EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT

EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT In the case of Naranjo v. Spectrum Security Services, Inc., the California Supreme Court just gave employers more incentive to ensure their employee compensation policies and practices, and employee paystubs are accurate and contain all of the required information.  In California, employers...

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FMLA LEAVES – Get Your Files In Order for DOL Audits

FMLA LEAVES – Get Your Files In Order for DOL Audits We last gave you some Dos and Don’ts regarding leaves.  Now, we update that the Department of Labor (“DOL”) is increasing Family and Medical Leave Act (“FMLA”) audits and investigations, so employers are well advised to get FMLA policies...

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EEOC Came Down Hard on Employer That Discriminated/Harassed/Retaliated Against Employees

EEOC Came Down Hard on Employer That Discriminated/Harassed/Retaliated Against Employees $18 million.  That’s what video game publisher Activision Blizzard must pay in settlement of employee claims that the Equal Employment Opportunity Commission (“EEOC” – the Federal Government) pursued on behalf of the employees for sexual harassment, pregnancy discrimination and retaliation. ...

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Time For HR Audit

Time For HR Audit Did you know that Epps & Coulson, LLP offers a general counsel program that includes an HR audit? See www.companiescounsel.com. If you have not updated your HR policies, practices, and employee handbook lately, employers should do so now.  There have been a lot of new laws...

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Employers:  FMLA Audits Planned by DOL

Employers:  FMLA Audits Planned by DOL The Department of Labor (DOL) stated that it would increase Family and Medical Leave Act (“FMLA”) and wage and hour audits of employers.  Of particular attention are employers in the warehouse and logistics industries.  Employers should prepare now, as a FMLA violation often leads...

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Arbitration Clause Federal Ban In Effect

Arbitration Clause Federal Ban In Effect We previously wrote on the upcoming federal ban on arbitration clauses for sexual-harassment and sexual assault claims and advised that employers should review employment agreements, handbooks, and policies that previously required arbitration of employee disputes, and to exclude sexual harassment and sexual assault claims. ...

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