Posts Tagged ‘employers’

I-9s and Immigration Enforcement

The Trump administration’s efforts to aggressively enforce the nation’s immigration laws now include increased investigations and audits to identify undocumented workers in America’s workplaces. Federal agencies, including Immigration and Customs Enforcement (ICE), have ramped-up their hiring of field office and enforcement personnel to ensure U.S. employers are complying with employment verification and eligibility requirements.

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The Defend Trade Secrets Act of 2016: Implications for business, employers and employees

On April 27, 2016, Congress passed the Defend Trade Secrets Act (DTSA), which President Obama promises to sign soon.  This proposed legislation, which is designed to be an expansion of the Economic Espionage Act of 1996, would authorize a private civil action in federal court for the misappropriation of a trade secret that is related…

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Court sets aside portions of Oklahoma’s new workers’ comp law

It has been just over two years since Oklahoma’s completely overhauled workers’ compensation system went into effect. Since then, various provisions have come under attack by employees. Shortly after the effective date, the Oklahoma Supreme Court determined that the Oklahoma Legislature had the power to enact the new law, but explained it would also determine…

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Facebook ‘like’ considered protected activity

Employers know that when it comes to employees discussing employment issues on social media, it is best for employers to tread carefully. A recent federal court of appeals decision confirmed that even a simple Facebook “like” can be protected employee activity under the National Labor Relations Act. Employees terminated for liking Facebook post In the…

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Combatting FMLA Abuse

The Family and Medical Leave Act provides laudable protections to employees and their families. But FMLA leave is sometimes abused. That abuse drives up costs for employers and creates red tape and administrative hassles for HR managers. Fortunately, the Tenth Circuit Court of Appeals (which handles Oklahoma cases) recently provided reassurances and lessons to employers…

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How long do I keep applications?

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that question. In June 2010, Martina Owes applied for two vacant warehouse positions with Coca-Cola Bottling of Mobile, Alabama. According to Owes and the…

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Arbitration policies for wage and hour claims

As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of commercial disputes between customers and business – are now part of the labor and employment framework. FLSA collective actions…

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DOL: Most workers are employees, not independent contractors

This morning, the U.S. Department of Labor (DOL) issued a memorandum providing guidance in helping employers to reduce the misclassification of employees as independent contractors. There is no change to any existing law; however, the issuance of this memorandum does emphasize the DOL’s continued focus on misclassification issues involving independent contractors. The Fair Labor Standard…

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The Fair Credit Reporting Act: Why background checks are fueling the latest wave of class actions

Many employers have third-party services run background checks on applicants, new hires, or existing employees. Many of these employers utilize these services to minimize the risk of claims of negligent hiring or discrimination. Even if a reputable service is used, there are challenges and significant legal risks involving the failure to comply with the federal…

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