Increased Penalties for Misclassifying Workers

May 28th, 2010 Posted by Amelia

        Does misclassification of employees as independent contractors increase during a recession? Some experts seem to think so. Several states and the federal government are reacting to this crisis with increased and higher penalties against employers who violate these statutes.

 

        Speaking to , the Society for Human Resource Management, attorney Frank Connolly said,” When it comes to a lot of start-ups or small businesses that don’t have a lot of assets, a lot of it is naïveté and a lot of it is convenience. I don’t have the money to pay a lot of people a lot of cash. I can avoid it by calling these people independent contractors.” Connolly, with the firm of Jackson Lewis in Washington, D.C. adds, “These employers probably don’t realize that they are violating the law.”

 

        In most cases, if the employer controls when, where or (more…)

No Comments >> Posted in Compliance Issues,District of Columbia,Employer Requirements,Labor Law Regulations,Other
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California: Civil Rights Enforcement Focus is on Large Cases

May 26th, 2010 Posted by Amelia

The California agency responsible for investigating complaints recently announced that efforts will be focused on class action suits against large employers with a pattern or practice of illegal . That is welcome news to many smaller employers with strong anti- policies in place.

 

The Department of Fair Employment and Housing or DFEH announced that it will pursue large cases on behalf of a group of class of workers. The agency’s Special Investigations Unit or SIU will conduct the investigations.

 

This is important news for smaller employers because it means that the agency will no longer investigate every in the order in which it is received. Instead, complaints will be graded based on their merits. For example, a large company that has several claims that appear to be based in fact and indicate a pattern of discrimination will be investigated first. A (more…)

No Comments >> Posted in California,Compliance Issues,Department of Labor,Other
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Health Care Reform Tax Credit for Small Business

May 21st, 2010 Posted by Derrick

        The Internal Revenue Service issued guidelines for the on May 17, 2010. Up to 4 million small businesses nationwide could qualify under the plan under the Patient Protection and Affordable Care Act.

 

        The tax credit begins immediately, and small businesses who are eligible can claim the credit on the 2010 tax return filed in early 2011.

 

        In order to qualify for the small business health reform tax credit, businesses must have fewer than 25 employees and the employees must have an average salary less than $50,000 per year. Small employers can take a tax credit of up to 35% if the group insurance premiums paid by the employer. This means for every $100 the employer pays in premiums, (more…)

No Comments >> Posted in Federal Labor Laws,Health and Safety,Regulations
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New Disability Nondiscrimination Advisor Online

May 19th, 2010 Posted by Jolie

        A new online tool from the U.S. Department of Labor will help employers avoid against applicants and employees with disabilities.

 

        The Disability Nondiscrimination Law Advisor  helps employers navigate a complex web of interrelated laws and regulations including , , workers’ compensation laws, and other federal laws. It also enables federal contractors to search for regulations and statutes relevant to their situation.

 

 

        “We made it easier for employers of all sizes to access the talents of the 36 million Americans with disabilities,” said Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez. “By providing this interactive and easy-to-use online tool, workers and employers can readily access and understand their rights and responsibilities under federal nondiscrimination laws.”

 

        The online tool provides employers with up-to-date information on a variety of regulations and laws (more…)

No Comments >> Posted in Federal Labor Laws,Other,Regulations,Workers with Disabilities
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Genetic Discrimination a Federal Case

May 14th, 2010 Posted by Cara

        Employers nationwide are closely watching the first test to , the federal Genetic Information Nondiscrimination Act. In that case, Pamela Fink says she was fired after disclosing to the Connecticut employer that she had the gene for breast cancer, and would have a double mastectomy as a preventative, with her doctor’s consent.

 

        “I was a great and I did really great work,” Fink told ABC News. “The only thing that changed from the time that I had a great review to when I didn’t was my two surgeries.”

 

        Fink has filed a against former employer MXenergy with the Equal Employment Opportunity Commission, or EEOC alleging that the employer violated GINA as well as the , the Americans with Disabilities Act. In addition, Fink  (more…)

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