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Key California Employment Law Cases: October 2019

Ferra v. Loews Hollywood Hotel, LLC, 40 Cal. App. 5th 1239, 253 Cal. Rptr. 3d 798 (2019) - Summary:  Term “regular rate of compensation” for calculating meal or rest break premium payments is not synonymous with term “regular rate of pay” for...By: Payne & Fears
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Payne & Fears | Nov 21,2019 |

Correct the late deferral issue correctly

Correcting your late deferrals by depositing them and making a contribution to make up for lost earnings in your 401(k) plan isn’t enough....By: Ary Rosenbaum
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Ary Rosenbaum | Nov 21,2019 |

Supreme Court Ruling Clears Way For $350K Religious Bias Jury Award

Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The November 1 jury verdict came...By: Fisher Phillips
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Fisher Phillips | Nov 21,2019 |

U.S. Citizenship & Immigration Services Increases Premium Processing Fee for Employment-Based Petitions Again

On December 2, 2019, the cost to request premium processing of employment-based immigrant and non-immigrant petitions by U.S. Citizenship & Immigration Services (USCIS) will increase from $1,410 to $1,440. In a statement, USCIS noted that the...By: Norris McLaughlin, P.A.
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Norris McLaughlin, P.A. | Nov 20,2019 |

IRS Authorizes Employers to Use Truncated Social Security Numbers on Employee W-2s in 2021

In final regulations set to take effect for 2020 Forms W-2, the IRS gives employers the option of using truncated Social Security numbers (SSNs) on employee Forms W-2 issued after December 31, 2020. The new rules are an attempt to assist employer...By: Morgan Lewis - ML Benefits
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Morgan Lewis - ML Benefits | Nov 20,2019 |

National Employment Perspective: Focus On California- Requirements for “Suitable Seats”

Under the wage orders issued by California’s Industrial Welfare Commission (IWC), “[a]ll working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” Although California has required...By: Shook, Hardy & Bacon L.L.P.
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Shook, Hardy & Bacon L.L.P. | Nov 20,2019 |

Design-Build Contractor Held to the Same Standard On Differing Site Conditions Clause

A court recently held that the type of contract delivery method did not change the applicability of the differing site conditions clause. Appeal of John C. Grimberg Co., Inc., ASBCA No. 58791 (Oct. 25, 2018) involved the construction of a biolab...By: Burr & Forman
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Burr & Forman | Nov 20,2019 |

California Court Finds Arbitration Agreement Invalid and Unenforceable as a Result of Economic Duress and Undue Influence

The plaintiff, an agricultural laborer, brought suit against his employer who, in turn, moved to compel arbitration based on the arbitration agreement in the parties’ employment contract. The plaintiff opposed, successfully arguing that the...By: Carlton Fields
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Carlton Fields | Nov 20,2019 |

Annual EEO Public File Report Deadline for Stations in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont

December 1 is the deadline for broadcast stations licensed to communities in Alabama, Colorado, Connecticut, Georgia, Maine, Massachusetts, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota, and Vermont to place their Annual...By: Pillsbury Winthrop Shaw Pittman LLP
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USCIS Steps Up VISA Enforcement Activity

Employers who file I-129 petitions to sponsor foreign nationals for work visas make a number of representations to the U.S. Citizenship and Immigration Services (USCIS) about the terms of the foreign national’s employment, the nature of his duties...By: Burr & Forman
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Burr & Forman | Nov 20,2019 |
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