DC District Court Rejects NLRB’s Appeal of Expedited Elections Ruling

The U.S. District Court for the District of Columbia has rebuffed the National Labor Relations Board (NLRB) in its appeal of the court's May 14 ruling that it lacked a quorum when it passed a rule for expedited union elections that took effect on April 30, but has since been suspended pending legal proceedings. The […]

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USCIS Releases I-9 Guidebook in Spanish

The United States Customs and Immigration Services (USCIS) has made available its M-274 publication titled "Handbook for Employers" in Spanish. The handbook is a comprehensive guide to compiling and safekeeping the I-9 employment eligibility form required of all employees. Please click on the title for the official download link: "Spanish Handbook for Employers" (Manual para […]

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I-9 Audit Forces Popular Texas Sushi Zushi Chain to Shutter

Saying that too many crucial employees had failed to show up to work as Immigrations and Customs Enforcement (ICE) officials conducted an I-9 audit, the Sushi Zushi Texas chain of restaurants, with roots in San Antonio and branches in Dallas and Austin, was forced to shutter — at least temporarily — all eight of its […]

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Wage and Hour Lawsuits on the Rise

The nation is witnessing a record number of wage and hour lawsuits, often federal but also hybrid (different states at the same) court cases. In the period that just ended on March 31, a total of 7,064 lawsuits under the Fair Labor Standards Act (FLSA), which regulates wages, hours and overtime, had been filed for […]

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ADA Marks 22nd Anniversary Today

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by then-President George H.W. Bush, and it has been the law of the land ever since. It was even re-energized and augmented by the ADA Amendments Act of 2008, which was signed into law by the elder Bush's son. The ADA […]

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Health Insurance Rebates Are Largely Taxable at Work

Under the terms of the Patient Protection and Affordable Care Act (PPACA) of 2010, medical insurers who fail to devote 80 percent of premiums received on health care expenses (86 percent in the large group market) must pay annual rebates, with the first set of rebates due this Aug. 1. The Internal Revenue Service (IRS) […]

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EBSA Revises Submission Procedures for Fiduciary Relief Under Disclosure Rule

The U.S. Department of Labor's Employee Benefits Security Administration (EBSA) has announced improved procedures for plan sponsors who wish to obtain fiduciary relief for a service provider’s failure to comply with the department’s plan-level fee disclosure rule. A new Direct Final Rule accordingly revises the mailing address and web-based submission procedures for filing certain notices […]

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7th Circuit Says Disabled Not Automatically Entitled to Vacant Jobs

The 7th Circuit Court of Appeals, which holds jurisdiction over courts in Illinois, Indiana and Wisconsin, has upheld a 2000 decision in which it ruled that the disabled are not automatically entitled to vacant job openings as a reasonable accommodation under the Americans with Disabilities Act (ADA). The case under review involved a United Airlines' […]

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EEOC Holds Public Meeting on Four-Year Strategic Plan

The Equal Employment Opportunity Commission on July 18 held a public meeting at which academics, representatives of the civil rights, business and federal sector communities, as well as former EEOC leaders and current employees, presented their views about the agency’s proposed Strategic Enforcement Plan (SEP) for 2012-2016. The Strategic Enforcement Plan grew out of the […]

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Following SCOTUS Ruling, EBSA Begins Auditing Compliance with Obamacare

If the actions of the Los Angeles office of the Employee Benefits Security Administration (EBSA) are any indication, the Department of Labor (DOL) has decided that the Supreme Court's recent endorsement of the Affordable Care Act (ACA) represents prime time to begin auditing compliance with all federal health care legislation. In letters recently sent to […]

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