Form I-9 Glitch Needs Immediate Review by Employers

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All Employers

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November 14, 2016

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The USCIS sent a press release this week to notify employers that the updated electronic Form I-9 published on November 14, 2016 had a glitch when it was issued.  Specifically, when completing the form on a computer, numbers entered in the Social Security number field get transposed when the form is printed.  For example, the number 123-45-6789 appears as 123-34-6789 when the form is printed.

Reminder: San Francisco 2016 Employer Reporting Deadline is May 1, 2017

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Employers with SF Employees

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May 1, 2017

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Employers subject to San Francisco’s Health Care Security Ordinance and Fair Chance Ordinance must file the 2016 Employer Annual Reporting form by May 1, 2017 to satisfy their reporting requirements.  The Reporting form also includes a survey for compliance with San Francisco’s Paid Parental Leave for Bonding with New Child Ordinance.  Covered employers are subject to a $500 penalty per quarter for failure to submit the form.  The Reporting form can be obtained here.

California: Employment Decisions Based on Criminal History Will Soon Be More Challenging

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All Employers with CA Employees

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July 1, 2017

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California’s Fair Employment and Housing Council (“FEHC”) recently finalized new regulations that enhance current statewide “fair chance” hiring practices. The new regulations further limit employers’ ability to consider criminal history when making employment decisions, effective July 1, 2017.

Ninth Circuit: Pervasive, Unwanted Hugs May Create Hostile Work Environment

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All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR, and WA Employees

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February 23, 2017

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(888) 378-2456

A recent case, Zetwick v. County of Yolo, highlighted the importance of organizations conducting harassment prevention training. In Zetwick, Officer Victoria Zetwick complained that the sheriff of the department regularly greeted her and other female officers by hugging and sometimes kissing them on the cheek. He did not greet male employees in the same manner. Zetwick registered several complaints about the sheriff’s behavior, but her complaints were not acted upon.

Ninth Circuit: Internal Whistleblowers Protected Under Dodd-Frank Act

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All Employers with AK, AZ, CA, GU, HI, ID, MT, NV, OR, and WA Employees

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March 8, 2017

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(888) 378-2456

In a recent case, the Ninth Circuit stated that the Dodd-Frank Act not only protects whistleblowers reporting to the U.S. Securities and Exchange Commission (“SEC”), but also protects whistleblowers who report misconduct internally to their employers.

Arizona: AZ Supreme Court Upholds Phoenix Minimum Wage Increase Ordinance

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All Employers with Phoenix, AZ Employees

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March 14, 2017

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(888) 378-2456

Last November, residents of Phoenix, AZ voted on and approved Proposition 206, a minimum wage ordinance that raised the local wage from $8.05/hr. to $10/hr. effective January 1, 2017. The ordinance also provided for gradual yearly increases in 50-cent increments until the minimum wage reaches $12/hr by 2020, in addition to mandated paid sick leave.

California: Disability Claims May Look to Employer’s Past Ability to Accommodate

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All Employers with CA Employees

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February 14, 2017

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(888) 378-2456

A recent California case demonstrates that an employer’s past ability to accommodate may be considered in an employee’s failure to accommodate claim. In Atkins v. City of Los Angeles, a group of recruit officers suffered temporary injuries during the course of training. The recruits were put in the “Recycle program,” in which they were assigned to light-duty administrative positions until they recovered or were determined to be permanently disabled. However, the Los Angeles Police Department ended the Recycle program while the recruits were still recovering, and asked the recruits to immediately obtain medical clearance to return to training. Upon failure to do so, the Department terminated the recruits.

California: Meal Waivers in Health Care Industry Have Always Been Valid

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 All Employers with CA Employees in the Health Care Industry

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March 1, 2017

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(888) 378-2456

Are meal waivers for shifts over 12 hours long valid? In Gerard v. Orange Coast Memorial Medical Center, the original 2015 decision partially invalidated use of such meal waivers in the healthcare industry. In response to the decision, SB 327 was signed into law, permitting use of such waivers. With the introduction of the bill, the ongoing Gerard case sought resolution for a remaining facet of the case: whether or not meal waivers used prior to the enactment of SB 327 are considered valid.

Los Angeles, California: The City of Los Angeles Revises Its Paid Sick Leave Rules Currently in Effect

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All Employers with Qualified Employees Working in Los Angeles

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March 14, 2017

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(888) 378-2456

The City of Los Angeles Office of Wage Standards (OWS) recently revised the Rules and Regulations for Los Angeles’ paid sick leave requirements as well as the corresponding Frequently Asked Questions (FAQs). Note the following key changes:

Oregon: Recent Overtime Standards for Manufacturing Industry Invalidated

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All Employers with OR Employees in the Manufacturing Industry

EFFECTIVE

March 9, 2017

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(888) 378-2456

In February, we reported on the Oregon Bureau of Labor and Industries’ (“BOLI”) interpretation of how to calculate overtime hours for manufacturing employees. The new interpretation would have required employers to double count daily and weekly overtime in order to calculate pay.