Articles
Bans on Salary History Inquiries
State and local governments are increasingly adopting laws and regulations that prohibit employers from requesting salary history information from job applicants. The goal of these laws is to help end the cycle of pay discrimination and decrease the gender...
Increase in Form I-9 Audits
News agencies are reporting that Immigration and Customs Enforcement (ICE) is planning a nationwide increase of Form I-9 audits this summer. U.S. Immigration and Customs Enforcement’s agency Homeland Security Investigations (HSI) has already doubled the amount of...
Employers May be Required to Allow Teleworking Under ADA
A Memphis Light, Gas, & Water (MLGW) in-house attorney filed suit against MLGW for equitable relief based on lost pay and her forced use of sick leave time when her request to telecommute was denied. The attorney submitted an official accommodation...
When is a Manager Exempt from Overtime?
Sometimes a manager who has the authority to supervise according to a job description is not exempt from overtime requirements under the Fair Labor Standards Act (FLSA). The 2nd U.S. Circuit Court of Appeals ruled a building manager who attended management...
EBSA Restores Over $1.1 Billion to Employee Benefit Plans, Participants and Beneficiaries
In FY 2017, the Employee Benefits Security Administration (EBSA) recovered $1.1billion in direct payment to plans, participants and beneficiaries. EBSA reviewed fewer cases but the amount recovered is larger compared to the $777.5 million in total...
Foreman Sentenced to Two Years in Prison and $749,000 Restitution for Salary Fraud
After a U.S. Department of Labor (DOL) investigation, a member of the International Longshoremen’s Association (ILA) and general foreman for a Port Elizabeth terminal operator was sentenced to 24 months in prison for fraudulently collecting a nearly...
Supreme Court Reverses 9th U.S. Circuit Court ruling on Overtime Pay
On April 2, 2018 the Supreme Court reversed the 9th Circuit Court ruling on overtime pay for automobile service advisors, stating they reject the principle that exemptions should be construed narrowly, and service advisors fit within the Fair Labor...
H-2B Visas Doubled in Spending Bill
The recently passed spending bill includes a provision to allow the Secretary of the Department of Homeland Security (DHS) to exceed the annual cap of 66,000 H2-B visas. It allows, if there is a need, to increase the number of visas up to 129,547. The...
Proposed Budget Calls for Mandatory E-Verify Use, ICE to increase Form I-9 Audits
The FY 2019 Budget Proposal calls for mandatory, nationwide use of the E-Verify system. E-Verify is an online tool that allows businesses to determine the eligibility of their employees to work in the United States. It can be used at no cost to employers...
Payroll Audit Independent Determination (PAID) Program Announced
The Wage and Hour Division (WHD) of the Department of Labor (DOL) has announced a new nationwide pilot program, the Payroll Audit Independent Determination (PAID) program, which facilitates resolution of potential overtime and minimum wage violations under...