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Wal-mart, EEOC reach accord in drug test accommodation lawsuit

Constangy, Brooks & Smith, LLP • October 31, 2014
Laura Jones was offered a sales job at the Wal-Mart store in Cockeysville, Maryland, and was told that she would have to take a drug test.

New IRS Guidance May Require Amendments to Section 125 ("Cafeteria") Plans

Ogletree Deakins • October 31, 2014
Many employers permit employees to pay for employer-sponsored health coverage, on a pre-tax basis, under Internal Revenue Code section 125 (“cafeteria”) plans. These plans generally require employees to make an irrevocable election to participate before the beginning of the health coverage period. Internal Revenue Service (IRS) rules typically do not allow mid-year changes to cafeteria plan elections, unless the employer adopts special change in status rules and incorporates those rules in a written cafeteria plan document. Change in status rules apply in fairly limited circumstances and generally permit prospective mid-year election changes only when an employee experiences certain personal status changes (e.g., family, residence, employment) or when there are significant cost or coverage changes under the employer’s health plan. Moreover, the cafeteria plan consistency rule requires any proposed election change to be consistent with the employee’s status change.

Supposed Fluctuating-Workweek "Legal Prerequisites" Come From Where, Exactly?

Fisher & Phillips LLP • October 31, 2014
"Fluctuating workweek" pay plans are provoking much litigation under the federal Fair Labor Standards Act. These arrangements call for a non-exempt employee to be paid a salary as straight-time compensation for all hours worked in a workweek, including those over 40. The salary represents the "one" of "one and one-half, so for overtime hours the employee is due an additional one-half of the hourly rate figured by dividing all of the workweek's worktime into the salary (that rate can never be less than the minimum wage, of course).

California Employers - Remember Voting Time Obligations and Poster

Shaw Valenza LLP • October 31, 2014
I'm a bit late with this reminder. At least 10 days before the November 4 election, employers in California must post this notice.

California's Voting Leave Law: Employers' Obligations as Election Day Approaches

Ogletree Deakins • October 31, 2014
As Election Day quickly approaches, California employers are reminded that the state voting leave law allows employees to take time off to vote in a statewide election.

California Legislation 2014

Ogletree Deakins • October 31, 2014
California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. A brief summary of these new laws, along with links to the bills, can be found below.
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