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BT Currents - Hot Topics in Employment Law

29 Sep California Bill Placing Restrictions on Employer Immigration Worksite Raids Awaits Governor’s Signature

  In the midst of increased immigrant arrests in California, the California Senate recently confirmed the passage of the Immigration Worker Protection Act, or AB 450, which, if signed by Gov. Jerry Brown, will place various immigration worksite inspection restrictions on California employers.   As discussed in this post, the bill prohibits California employers from allowing immigration agents to enter a workplace or view their employee’s employment records without a warrant. The bill also requires employers who provide immigration officials with employee records to notify…

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28 Sep Survey Says: Employers Generally Settled, Favoring Traditional Vacation Over PTO

  From time to time, we report on surveys conducted by our friends at Employers Resource Association. This month’s survey focuses on how employers provide paid time off (PTO) to employees. The results here are straightforward:   A strong preference to offer traditional vacation (61 percent of respondents) over PTO (39 percent) Only 13 percent of respondents indicated they are considering a change, so it seems that this preference is stable A fairly even distribution among different answers for the smallest amount of leave an employee…

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11 Sep Employment Authorization Issues Related to DACA Rescission

  Alert Overview: On Sept. 5, the U.S. Department of Homeland Security began an “orderly wind down” of Deferred Action for Childhood Arrivals (DACA). DACA, and a related program, Deferred Action for Parents of Americans (DAPA), were created by executive order of President Barack Obama in 2012. As the result of a lawsuit brought by several states against the DAPA program, DAPA was rescinded after courts determined that legal and constitutional problems existed with the program.   In June 2017, several states informed the U.S. Attorney…

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29 Aug Illinois Governor Vetoes Employment Bills Aimed at Salary History Inquiries, Wage Issues

  Legislation in Illinois that would have outlawed employers from seeking job applicants’ compensation history has failed to become law, following Gov. Bruce Rauner’s recent veto.   The bill would have amended the Illinois Equal Pay Act and was aimed at the practice of seeking job applicants’ compensation history during the hiring process, which equal pay advocates contended has the effect of perpetuating the salary differences between male and female employees that may have been the result of past discriminatory practices. The proposed changes to…

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25 Aug Get a Room! Rethink Conducting Employee Reviews Over Lunch

  The other day while visiting my dentist, the oral hygienist told me about her prior job, where her supervisor took her out to lunch to discuss her performance review – and frequently did the same with other employees. She thought this was great, especially since the supervisor had a penchant for really good, high-priced seafood.   While that all sounds tasty, one has to question how effective a performance review can be when attempting to crack open crab legs. This brings me back to…

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