New Utah Immigration Law

April 15th, 2011 Posted by Amelia

has passed an innovative new that creates a program, in direct conflict with law.

 

On March 15, 2011 Governor Gary Herbert signed the Immigration Accountability and Enforcement Amendments Act. The ceremony took place at the state capitol in Salt Lake City.

 

Under the new Utah , undocumented workers would $2.500 for a guest worker that allows them to be employed in Utah. Undocumented workers could also apply for a family , which would allow all members of the immediate family to work in Utah.

 

The new law goes into effect on July 1, 2013.Implementation is complex, because currently the guest worker and his employer would still be in violation of federal immigration laws, including the federal Immigration Reform and Control Act or IRCA of 1986. That law imposes penalties on any employer (more…)

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Dodd-Frank Act Offers Financial Incentives, Protection to Whistle-blowers

April 8th, 2011 Posted by Derrick

The offers strong from retaliation to employees who are whistle-blowers, according to Tennessee attorney Cynthia Gibson. The applies to all corporations, not just Wall Street traders.

 

The Dodd-Frank Wall Street Reform and Consumer Protection Act provides extensive protection of whistle-blowers when they report violations of SEC regulations. Employees on foreign soil as well as within the U.S. are protected when they file a good-faith complaint. So are employees of subsidiaries or affiliates of publicly traded companies.

 

The Dodd-Frank Act specifically prohibits an employer from using an arbitration agreement to resolve retaliation complaints.

 

A whistle-blower can collect of 10% to 30% for securities fraud or violations to the Securities and Exchange Commission under the controversial award system.

 

The financial rewards provide an incentive for an employee to go straight to the SEC with complaints, rather than addressing them with the employer first. Attorney Gibson suggests that corporations may want to offer monetary (more…)

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Updated New York Reporting Requirements

April 6th, 2011 Posted by Cara

employers must update their practices by April 9, 2011 under a new with stringent recordkeeping requirements.

 

The New York State Wage Theft Prevention Act imposes severe penalties on employers who do not comply.

 

In the past, section 195 of the New York Labor Law required employers to notify new employees of their rate overtime rate and payday. The new greatly expands that requirement. It also requires that employees be given written notice of any change in terms of wages at least seven days in advance. In addition, it increases the damages for unpaid wages from 25% to 100% and imposes fines of up to $20,000 on employers for wage violations. Apr

 

Starting on April 9, 2011, New York employers will be required to provide notices to current employees each year. Even more restrictive, the state requires that the notices be in English and in any language that the employee designates as his or her primary language. Apparently, that means if an employee claims Navaho or Klingon is his primary language, the employer must furnish a copy in Navaho or Klingon.

 

Those notices must include:

 

·         Whether the employee’s wages are based on the hour, week, shift, day, commission, piece rate or salary basis – or another basis.

 

·         The employee’s (more…)

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California May Expand Employee Rights

March 18th, 2011 Posted by Amelia

The California legislature is considering several bills that would impact employers, including a and extension of family leave rights. Another would protect employees who smoke medical marijuana.

 

Increase

The California Assembly is considering AB 10, a bill that would increase the state minimum wage from $8.00 to $8.50 per hour. Even more importantly, the bill includes a provision to increase the minimum wage each year based on inflation.

 

Currently at $8.00 per hour, the California minimum wage is tied with Massachusetts for the seventh highest in the nation, after Washington, Oregon, Connecticut, Illinois, Nevada and Vermont. About a dozen states have annual cost-of-living increases to the minimum wage, including Florida, Arizona and Colorado.  

 

Expanded Family Leave

A bill before the Assembly would expand the California Family Rights Act or to allow employees to take unpaid, job-protected leave in many more situations.

 

If passed, the expanded CFRA would employees to take time off to care for an adult son or daughter, a mother- or father-in-, grandparent, sister or brother, grandson or granddaughter, or a domestic partner with a serious health condition.

 

The was modeled after the CFRA, one of four current California family rights laws. Currently both and CFRA permit an employee to take time off to (more…)

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Hawaii Legalizes Civil Unions

March 16th, 2011 Posted by Derrick

has become the seventh state to recognize civil unions between same-sex partners, just one month after a similar law was signed in Illinois.

 

The Hawaii Civil , signed by Governor Neil Abercrombie on February 23, 2011 goes into effect on January 1, 2012. It permits same-sex or opposite-sex couples to enter into civil unions. The Hawaii Civil Unions provide many of the same as marriage under state law, although they are not recognized by law.

 

Hawaii joins Illinois, , Nevada, New Jersey, Washington and Oregon in offering civil unions to same-sex couples. Wisconsin has a domestic law that confers some benefits.

 

Although specifics on the are sketchy, it appears that employers will have to extend the same benefits to civil partners as to spouses of employees in Hawaii.

 

Currently same-sex marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and the District of Columbia. California recognizes (more…)

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