ACA Employer Notice of Exchange Coverage Deadline Delayed

APPLIES TO

All Employers and Employees

EFFECTIVE

NO LONGER effective as of March 1, 2013

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The Department of Labor has announced that the requirement for employers to provide notice of Insurance Exchanges to their employees will not take effect on March 1, 2013 as it was originally scheduled. The Affordable Care Act (ACA) amended the Fair Labor Standards Act (FLSA) requiring employers to send a notice describing certain elements of exchanges and subsidy eligibility to employees by March 1, 2013.

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Key Change: AB 1396 and Written Commission Agreements

APPLIES TO

All Employers and Commissioned Employees

EFFECTIVE

January 1, 2013

QUESTIONS?

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(888) 378-2456

Starting January 1, 2013, all in-state and out-of-state employers must have written agreements in place for employees who are paid commissions for services provided within the State of California. Information included in these agreements need to provide the method by which the commissions will be computed and paid. With each new employee, the employer must provide a signed copy of the written statement to the employee and obtain a counter-signed “receipt” of the written statement and return it to the employee.

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EEOC Issues Guidance Regarding Employer Use of Criminal Background Checks

APPLIES TO

All Employers, Employment Agencies and Unions

EFFECTIVE

EEOC Guidance, upon issuance, April 25, 2012

New Notices, January 1, 2013

QUESTIONS?

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(888) 378-2456

On April 25, 2012, the EEOC voted to adopt new guidance for employers that use information on criminal convictions in their hiring process. The EEOC opined that, because arrest and conviction rates are higher among minorities than the general population, employers’ practices of rejecting anyone with a criminal record may have a disparate impact on minority candidates. This guidance applies to criminal convictions, not arrests, in that the EEOC’s position is that arrests that did not result in convictions should not be used in hiring decisions.

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