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Are You Ready for the New Form I-9?

by Martin Salcedo, Esq. - The Human Equation on 12/29/2016
form-I-9-I9-immigration-EEOC-US-citizenship

Employers must use Form I-9 to verify the identity and employment authorization of each individual hired in the United States. Though the last version of Form I-9 expired in March 2016, employers were instructed to keep using the expired form until they received further notice from U.S. Citizenship and Immigration Services. On November 14, 2016, employers received their further notice when USCIS published a revised Form I-9, Employment Eligibility Verification.

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State Minimum Wages Going Up In 2017

by Martin Salcedo, Esq. - The Human Equation on 11/10/2016
Minimum Wage going up in 2017

The current federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour ($2.13 for tipped employees). Most states, however, have established their own minimum wage, and employees in these states are entitled to whichever minimum wage is higher. Given the existence of multiple minimum wage rates, employers, particularly those operating in more than one state, must know which minimum wage rate (or rates) may apply to their operations.

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Categories: 2016, 2017

EEOC Issues Final Enforcement Guidance on Retaliation

by Martin Salcedo, Esq. - The Human Equation on 9/7/2016
EEOC Issues Final Enforcement Guidance on Retaliation

Did you know that retaliation is asserted in nearly 45 percent of all charges received by the Equal Employment Opportunity Commission (EEOC)? In 2015, the EEOC received nearly 40,000 charges of unlawful retaliation, which may explain why, on August 29, 2016, the EEOC issued its final Enforcement Guidance on Retaliation and Related Issues. And, as a general rule, if the EEOC is particularly concerned about a specific unlawful employment practice, employers should be too.

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Categories: 2016

EEOC Clarifies Permissible Use of Incentives in Wellness Programs

by Martin Salcedo, Esq. - The Human Equation on 8/11/2016
wellness programs

Can employers offer incentives to encourage participation in wellness programs that ask disability-related questions or require medical examinations? Though the Americans with Disabilities Act (ADA) permits health-related inquiries and medical examinations that are part of a voluntary health program, ADA regulations didn’t address whether employers may offer incentives to encourage employee participation in these health programs...until now.

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Nudge, Nudge. OSHA Revises Injury and Illness Recordkeeping and Reporting Requirements

by Martin Salcedo, Esq. - The Human Equation on 7/7/2016
workplace safety is important and OSHA wants to regulate any accidents

Did you know that each year there are more than 3 million serious (requiring more than first aid) workplace injuries and illnesses? Even though the Occupational Safety and Health Act requires employers to provide safe and healthy workplaces, the number of injuries and illnesses remains unacceptably high. To help combat this problem, the Occupational Safety and Health Administration (OSHA) recently revised various workplace safety regulations.

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New White Collar Overtime Exemption Rules Are Coming...Now What?

by Martin Salcedo, Esq. - The Human Equation on 6/15/2016
Excited Employer FLSA

On December 1, 2016, employers will have to pay more to take advantage of the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemptions. To prepare for the upcoming change, employers need to know whether and to what extent they will be affected by the new overtime exemption regulations.

The new rules focus primarily on the minimum salary and compensation levels needed to qualify for the FLSA’s executive, administrative, professional and computer employee overtime exemptions. Employers can ask the following questions to determine the potential impact of the new overtime rules before it’s too late.

Are there any employees classified as exempt under one of the FLSA’s white collar overtime exemptions? If no, you should not be affected by the higher standard salary levels under the new rules. If yes, move on to the next question. More...

New FLSA White-Collar Overtime Exemption Rules Are Coming...Maybe Sooner Than You Think!

by Martin Salcedo, Esq. - The Human Equation on 4/14/2016
clock depicting overtime

It’s been over two years since President Obama directed the Department of Labor (DOL) to update the ‘white-collar’ overtime exemption regulations under Fair Labor Standards Act, including the executive, administrative and professional exemptions. It’s been nearly a year since the public was first given an opportunity to see and comment on the DOL’s proposed revisions. (The DOL received 293,389 comments.) Now, it seems we are one (huge) step closer to new white-collar overtime exemption rules becoming a reality.

On March 14, 2016, the DOL’s final version of the revised overtime exemption regulations was submitted to the White House's Office of Management and Budget (OMB) for review. Once the OMB completes its review, the final regulations will be published. After that, it’s just a matter of time.

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Categories: 2016

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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