Blog
Do Employers Have to Provide Accommodations for Medical Marijuana Use?
September 7, 2017
The consensus amongst employers in the recent past has been that, because federal law categorizes marijuana as an illegal substance, employers could take adverse action against individuals who tested positive for marijuana (refusing to hire, disciplining or terminating).
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Employers Should Be Aware of Recent Changes at the Federal Level
September 7, 2017
Over the past month, there have been several changes and announcements made by President Trump’s Administration that employers need to be aware of and watch closely over the next six months.
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DACA Rescission: What you Need to Know
September 6, 2017
On September 4, the Attorney General sent a letter to the Department of Homeland Security (DHS) informing DHS of his determination that the Deferred Action for Childhood Arrivals (DACA) program is unconstitutional. On September 5, DHS published a memorandum terminating the DACA program. This announcement has significant consequences for DACA recipients, educational institutions, and the employers of DACA recipients.
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New York Finalizes Paid Family Leave Regulations
September 5, 2017
As we previously reported, beginning January 1, 2018, many employees in New York State will be eligible for paid family leave under New York’s Paid Family Leave (“PFL”) legislation. In anticipation of the PFL law’s effective date, the Workers Compensation Board has issued final regulations clarifying certain aspects of the law.
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Significant Changes Proposed for Employee Benefit Plan Audit Reports
September 5, 2017
Under ERISA, retirement plans and self-insured welfare plans with 100 or more participants (measured as of the beginning of the plan year) are generally required to conduct annual audits, and to include the audit reports with their annual Form 5500 filings. The American Institute of Certified Public Accountants’ (AICPA) Auditing Standards Board has proposed changes to the reporting standards for annual audits of employee benefit plans that are covered by ERISA.
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DACA Update: Will the Program Be Terminated?
September 1, 2017
President Donald Trump is expected to announce as early as this week or next week the future of the previous administration’s Deferred Action for Childhood Arrivals (DACA) program. News outlets have reported high level meetings this week to review the program’s status, and there is a significant risk that the President intends to announce termination of the program.
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Extraordinary Employee Excuses
August 31, 2017
I am often surprised (and highly amused) by the excuses offered by employees to justify their misconduct. And by the fact that they’re often willing to litigate over them! A recent example of this can be found in the case of Alamillo v. BNSF Railway Co.
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Reputation is Everything
August 31, 2017
I just finished reading a nightmare of a case involving the relentless campaign of a town resident to call out and punish a town official for his role in the controversial development of historic property in the center of their town.
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DOL Overtime Rule Struck Down
August 31, 2017
A Texas federal court has struck down the Obama-era Department of Labor (DOL) revised overtime exemption rule, which sought to more than double the salary level required for overtime-exempt workers.
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EEO-1 Pay Data Report – Reporting of Pay Data a No-Go
August 30, 2017
Bullard Law has previously reported on the EEOC’s 2016 changes to the reporting requirements for collection of demographic information on race, gender, and ethnicity, by job category, to also include pay data and hours worked for employees grouped in twelve different pay bands.
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EEO-4 Survey Filing Deadline Fast Approaching
August 30, 2017
Public employers take note: the September 30, 2017 EEO-4 Survey deadline is fast approaching.
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Good News On The DOL's Overtime Rules - We Go Back To The Drawing Board!
August 29, 2017
The overtime rule published in 2016 by the Department of Labor ("DOL") that significantly increased the minimum salary necessary to qualify for the white-collar and highly compensated overtime exemptions will be changed under the DOL's new leadership.
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