Civil Penalties

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    The Colorado General Assembly wrapped up its 2014 legislative session in early May, passing a number of bills that change the landscape for Colorado employers. Here's a look at the significant employment-related bills that passed and are expected to be signed into law by Governor John Hickenlooper, as well as other bills that didn't make it...
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    The New Jersey Appellate Division recently upheld the constitutionality of a New Jersey law prohibiting employers from stating in job advertisements that unemployed persons cannot apply. Facts In 2011, the New Jersey Legislature enacted a law precluding employers from publishing job advertisements that say applicants must be currently employed...
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    An acting deputy special counsel of the U.S. Department of Justice (DOJ), Civil Rights Division, recently issued a technical assistance letter explaining that during an internal I-9 audit, a company shouldn't request documents that an employee didn't present when he originally completed his Form I-9 or ask for better photocopies of the documents...
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    On February 19, 2013, Arkansas Governor Mike Beebe signed the Human Trafficking Act of 2013 into law. Sponsored by Representatives David Meeks (R-Conway) and Greg Leding (D-Fayetteville), the Act passed the 89th General Assembly unanimously. Arkansas Statute § 12-19-102 requires certain Arkansas employers to post conspicuous notices about...
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    A report issued on December 11, 2013, by the Democratic members of the Senate Health, Education, Labor and Pensions Committee contains the results of a year-long investigation conducted by the majority staff of the committee. The report, titled "Acting Responsibly? Federal Contractors Frequently Put Workers' Lives and Livelihoods at Risk,"...
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    We've heard the reasons for the heightened scrutiny being given to independent contractor classification: Independent contractors, unlike employees, are unable to obtain medical and family leave benefits, overtime wages, unemployment insurance, and workers' compensation coverage. Employers that misclassify employees as independent contractors put...
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    Most employers are familiar with the antidiscrimination laws that protect certain classes of employees from being treated differently or harassed based on protected characteristics such as race, religion, or disability. But you may not know that Massachusetts law also prohibits harassment that isn't based on a protected characteristic and allows...
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    Q We recently hired two associates who have been summoned to jury duty. We don't pay benefits for the first 90 days of employment. Are we required to pay them for their time on jury duty if they haven't been here for 90 days? A The short answer is no. Not only do you not have to pay an employee for an absence due to jury duty during her 90-day...
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    Adams Thermal Systems of Canton recently agreed to pay $1.33 million to resolve citations from the Occupational Safety and Health Administration (OSHA) and avoid criminal penalties following the death of an employee in 2011. The facts in the following article come from the OSHA website and the documents filed in court by the government and signed...
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    This month, we pick up where we left off in our review of I-9 penalty trends and see how the Office of the Chief Administrative Hearing Officer (OCAHO) is responding to employer arguments for reductions of fines. The Florida drywall company U.S. Immigration and Customs Enforcement (ICE) inspected Platinum Builders and found a total of 69...
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