Blog
“No-Match” Letters Light Up Employers
June 28, 2019
After a seven-year hiatus, the Social Security Administration (SSA) resumed sending “No-Match” (Employer Correction Request or “EDCOR”) letters to employers where at least one employee’s name and social security number combination, as submitted on Form W-2c, did not match SSA records.
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Benefit Administrator Loses Discretionary Authority Because Reply to Benefit Appeal is Tardy
June 28, 2019
The U.S. Department of Labor’s regulations for administration of ERISA include specific deadlines for deciding appeals from rejected benefit claims.
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Unretiring Reasonable Notice - Ontario Not-for-Profit Corporations Act Confirms 24-Month Notice Cap Absent Exceptional Circumstances
June 28, 2019
Ontario employers have noted with alarm that judicial decisions regarding employee entitlements on termination have gradually been increasing in size.
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UAW Narrowly Loses at VW
June 27, 2019
Volkswagen Chattanooga employees on June 14 narrowly defeated the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) for the second time in five years: with 776 voting for union representation (48.2%) and 833 voting against it (51.8%).
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Supreme Court Kisor Decision Has Implications for Employers
June 27, 2019
On June 26, the United States Supreme Court issued a decision in Kisor v. Wilkie, a case seeking to overturn prior precedent requiring deference to federal agencies’ interpretations of their regulations.
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New Paid Leave Law in Maine Provides Employees Leave For Any Purpose
June 26, 2019
Maine is the first state to pass legislation which provides paid leave time for employees to take for any reason they choose.
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Penalizing the Employer for the EEOC’s Mistake?
June 25, 2019
A recent case caused me significant concern on behalf of employers.
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Minnesota: July 1, 2019 Changes to Employer Recordkeeping and Wage Theft Statutes
June 25, 2019
On June 24, 2019, the Minnesota Department of Labor and Industry (DOLI) published guidance about Minnesota’s new statutory amendments regarding employer recordkeeping and wage theft.
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Oregon Workplace Fairness Act Sails Through to Law
June 21, 2019
As the Oregon Legislature has been publicly forced to respond to allegations of workplace sexual harassment occurring in its own halls, Senate Bill 726, also known as the Oregon Workplace Fairness Act, passed through both chambers without much resistance.
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Oregon State Legislature Makes Sweeping Changes for Public Sector Unionized Employers
June 20, 2019
Oregon public employers with unionized workforces take note: last week, the Oregon State Legislature passed House Bill (“HB”) 2016, which will place numerous new restrictions and requirements on how government employers do business with unions and unionized workforces.
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Arbitration Agreement May Not Restrict Access to NLRB Processes
June 19, 2019
In a rare unanimous decision, on a closely-watched issue, from all four sitting members of an ideologically-divided National Labor Relations Board, the Board ruled that an employer’s arbitration agreement unlawfully restricted employee access to the Board and its processes.
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New Oregon Legislation Intended to Ease Employer Costs Due to PERS’s Unfunded Liability
June 19, 2019
On May 30, 2019, the Oregon Senate and House passed Senate Bill 1049, the most recent legislative attempt at significant Public Employees Retirement System (PERS) reform.
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