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Military Service Rights and Benefits

Questions About  Military Service - USERRA

The Department of Labor, through the Veterans' Employment and Training Service (VETS), provides assistance to all persons having claims under USERRA

 

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Affordable Care Act

Affordable Care Act Notices Delayed

When do employers have to comply with the new notice requirements in section 18B of the FLSA?

Section 18B of the FLSA provides that employer compliance with the notice requirements of that section must be carried out "[i]n accordance with regulations promulgated by the Secretary [of Labor]." Accordingly, it is the view of the Department of Labor that, until such regulations are issued and become applicable, employers are not required to comply with FLSA section 18B

 

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March Madness 2013

March Madness Can Be Problematic for Employers
Lisa McGlynn, Fisher & Phillips LLP 

March Madness is here again. The brackets, the excitement, the employment law issues! Yes, many employers find that the annual NCAA basketball tournament goes hand-in-hand with employment law because, unfortunately, one of the most exciting sporting events of the year can also be the most problematic for employers.

Unlike other major sporting events such as the Super Bowl, which takes place on a single Sunday evening, March Madness lasts for weeks and roughly half of the games are played during traditional work hours. Studies have shown a huge drop in productivity during March Madness as employees tune in to watch games, check scores or research teams for their brackets on their computers and smart phones.

 

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New York Unemployed Discrimination Law

New York Unemployed Discrimination  Law Passed

 

The Law Against Unemployed Discrimination Law, Intro 814-A was passed by the New York City Council on March 13, 2013 and becomes effective in mid-June. The law prevents employers from discriminating against job applicants who are unemployed.

 

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Overtime Work

Overtime Work Is Not A By-The-Job Matter
John R. Thompson, Fisher & Phillips LLP
 

Recent reports have described more than one scenario in which an employer violated the federal Fair Labor Standards Act because the employer failed to recognize that non-exempt employees' hours worked over 40 were overtime ones. The employees had performed their work in more than one position during the week, such that their time spent in any particular job did not exceed 40 hours. However, an employee's hours worked in all of the positions in which he or she was engaged for the employer in the week totaled more than 40.

 

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Employment Contracts

Employment Contracts - Who Needs Them And What Needs To Be In Them?
Suzanne Bogdan, Fisher & Phillips LLP
(Education Update, No. 1, January 2013)

As indicated in the companion article written by Candice Pinares-Baez,  January begins the hiring season for most schools. Job fairs, conferences, and recruiting are in full force. It is also the time to take a look at your employment contracts to ensure that when you find the perfect employee, you are issuing to them an employment contract that works for you and not against you.

Who Needs An Employment Contract?

 

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Best Hiring Practices

Making The Grade: Ensure Your School is Following Best Hiring Practices
Candice Pinares-Baez, Fisher & Phillips LLP
(Education Update, No. 1, January 2013) 

The holiday break is over. Classes are back in full swing. For most schools across the nation, this is the time to evaluate current staffing needs and begin the recruitment and hiring process for the upcoming school year. The ultimate goal when embarking on a mission to hire is always to find the best teacher or individual for the job.

But from a legal and practical standpoint, the process used to hire a new employee can be just as important as the employee who is ultimately hired. In order to minimize the legal exposure which may arise as a result of the hiring process, every school should look closely at the three main areas of the hiring process - job application, interview process, and criminal background checks - to ensure that it is following best practices.

 

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School Fundraising

Give Generously, Keep It Legally
Suzanne Bogdan, Fisher & Phillips LLP
(Education Update, Jan.2013)

 

About a month ago, one of the school's families that owns a popular restaurant and bar held a special fundraising event whereby 20% of the proceeds from every meal served were donated to the school.  The school sent out email advertisements to its families, and kids put up posters around town. The event was a huge success, netting $3,000 to the school. Today, the school received a complaint from the Department of Agriculture asking for details about the event, citing a potential violation of the Solicitation of Funds statute.

 

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Common Sense Can Ease Flu

Employers' Common Sense can Ease Flu
Charles S. Caulkins, Fisher & Phillips LLP

You can't open the paper, turn on the TV or peruse a web site without hearing some staggering statistic about the flu. In one report, 70 percent of the American population is suffering from the flu - or just recovered. In fact, Boston and Chicago had to take dramatic action with Boston declaring a state of public health emergency and some Chicago hospitals turning patients to other facilities.  

This kind of outbreak takes its toll on people and on business. How should employers handle it? 

 

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W-2 Question

Question on W-2s 

The following question and answer was from The Future of PPACA webinar hosted last week and presented by Chris Harrison, President & CEO of EbenConcepts

Question:
For many years, we have processed between 230-240 W-2s.  For 2012, I have 258 W-2s to process.  Do I need to calculate and enter the annual aggregate value of the employees' health benefits on their W-2 forms?  We have about 70 employees who carry our Health insurance.  Thanks for your help! 

 

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