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Employee can bring FCRA claim over background check

Ambulance on road

A state appeals court has decided that a plaintiff can sue her former employer in state court under the federal Fair Credit Reporting Act (FCRA) for conducting a pre-hire background check that did not technically comply with the FCRA’s disclosure ...

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Hotel required to pay $42,000 to settle ADA lawsuit

Hotel room

Library Hotel, a luxury boutique hotel in New York City, must pay $42,000 to a former front desk employee to resolve a disability discrimination lawsuit filed by the EEOC under the Americans with Disabilities Act (ADA). According to the lawsuit, ...

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Documenting employee discipline is essential

Company documents

A recent court case highlights why properly documenting employee disciplinary issues is so critical for employers. In Craig Price II v. Valvoline, a federal appeals court upheld Valvoline’s termination of Craig Price, a Black employee who claimed race discrimination and ...

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IRS expands ERC amnesty program

Internal Revenue Service federal building Washington DC

The IRS has launched a new program for businesses that received an Employee Retention Credit (ERC) in error and want to return the funds. In late December, the IRS announced expansion of the ERC Voluntary Disclosure Program to include employers ...

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DOL issues final independent contractor rule

Department-of-Labor

The U.S. Department of Labor has published its final rule on how to determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The rule, which becomes effective on March 11, 2024, ...

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Pilot program would allow more H-1B visa renewals

U.S. visa

The U.S. Department of State has launched a pilot program allowing certain H-1B visa holders to renew their visas within the United States instead of having to travel abroad. To be eligible, H-1B visa holders must meet a specific set ...

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OSHA’s new reporting requirement goes into effect

Construction worker at job site

As of January 2, certain employers in high-hazard industries must submit more injury and illness information to the Occupational Safety and Health Administration (OSHA). By March 2, 2024, covered establishments with 100 or more employees at any point during the ...

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EEOC settlement over company recruiting practices includes new element

EEOC seal

The EEOC and Groupon, Inc. have entered into a voluntary agreement in which Groupon has agreed to contribute $350,000 toward establishing an educational fund dedicated to improving primary and secondary STEM education for Black students and awarding scholarships to Black ...

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Truckers entitled to ‘sleeper berth’ time under FLSA

Trucks moving on highway

In a case of first impression, a federal appeals court has ruled that long-haul truckers driving as a team are entitled to be paid for “sleeper berth time” in excess of eight hours in a 24-hour period. The employer, defendant ...

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Illinois resident can’t sue Massachusetts employer under Wage Act

Abiomed building

A Massachusetts trial court judge has ruled that an Illinois resident cannot sue his Massachusetts-based employer under the state Wage Act for allegedly failing to pay him commissions on time following his termination. Plaintiff John Musachia, who briefly worked as ...

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