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BT Currents - Hot Topics in Employment Law

26 Oct Will the DOL Rescind the Tip Pool Rule?

  On Oct. 24, the Office of Management and Budget announced that it has received a proposal from the U.S. Department of Labor (DOL) to rescind its 2011 rule on tip pooling. The 2011 rule prevents employers from requiring tipped employees, who are paid less than minimum wage, to share their tips with traditionally non-tipped workers. The DOL has not released its proposal publicly, but its regulatory agenda for 2017 indicates that it wants to “rescind the current restrictions on tip pooling by employers that…

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24 Oct California Moves Outside the Box, Imposes New Criminal Background Check Prohibitions

  “Have you ever been convicted of a crime?” Countless employees have encountered this check-the-box question on employment applications. Over the years, however, several states have introduced “ban the box” laws to restrict the use of such questions and impose barriers to pre-employment screening processes. Expanding upon that activity, California Gov. Jerry Brown recently signed Assembly Bill (AB) 1008, which amends the state’s Fair Employment and Housing Act (FEHA) and imposes new restrictions on employers’ criminal background screening processes. The new law takes effect on…

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24 Oct Dawn of a New ICE Age: Are You Ready for Immigration & Customs Enforcement?

  Last week, in a speech at the conservative think tank, The Heritage Foundation, the Acting Director of Immigration and Customs Enforcement announced that his agency is aggressively stepping up worksite enforcement on two major fronts. His announcement raises the question: is your company ready?   ICE Acting Director Tom Homan told attendees that the Homeland Security Investigations agency will increase – by four to five times – the worksite enforcement actions in the coming year. Quintupling the number of worksite enforcement actions certainly sounds…

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20 Oct Batten Down the Hatches, an ‘ICE’ Storm Is About to Blow In…

  Authored by: Michael Palmer, Jeff Papa, Mariana Richmond and Mercedes Badia-Tavas   It’s official! Immigration and Customs Enforcement (ICE) will extend its immigration actions in the workplace.   Since the 2016 election, we have talked with employers about the effect the Trump administration’s policy on immigration could have in the workplace. In fact, the Barnes & Thornburg Immigration and Global Mobility Practice Group has trained hundreds of employers this year on the importance of addressing this risk.   On Oct. 17, the acting director…

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13 Oct Attention Illinois Employers: 3 Handbook Policies to Revisit Now

  If you haven’t reviewed your attendance, sick leave, or pregnancy-related policies in a while, the time is right to ensure you stay up to date and prevent potential pitfalls.   Parental leave and pregnancy accommodation policies may need updates   Recent lawsuits, such as the one that the EEOC filed against Estee Lauder, claim companies’ parental leave policies violate sex discrimination laws if they provide male employees with less bonding leave upon the birth of a child than female employees receive. This serves as…

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