News & Analysis as of

Payroll Records

California Court Rules PAGA Plaintiffs Need Not Assert Injury, or Employer Knowledge, to Collect Penalties for Paystub Violations;...

by Littler on

A California Court of Appeal dealt another blow to employers in a recent ruling interpreting the state’s Private Attorneys General Act (PAGA). In Lopez v. Friant & Associates, the court considered the proof required for a...more

Not As You Wish: Wage Statement Law’s Pit of Despair

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With the widespread use of direct deposit, the thought of an employee regularly reviewing wage statements may seem inconceivable. Still, employers must ensure that their wage statements strictly comply with...more

Paltry Prerequisites for PAGA Penalty Paystub Plaintiffs

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California employees who are denied adequate wage statements (“paystubs”) can sue for penalties. Paystub penalty plaintiffs generally must prove they suffered an “injury” caused by the employer’s “knowing...more

White House Blocks Revised EEO-1 Report - Employers’ Pay Data Reporting Halted – For Now

by Fisher Phillips on

The Office of Management and Budget (OMB) announced late Tuesday that it was implementing an immediate stay of the revised EEO-1 Report, putting a halt to long-awaited pay data reporting requirements. The stay creates much...more

The Pay Data Collection Aspects of the “New” EEO-1 Form Put On Hold

The pay data collection aspects of what was to be the “new” EEO-1 form, which many employers had been preparing to submit for the first time in March 2018, are now on hold. However, it is important to note that employers who...more

U.S. Citizenship and Immigration Services Expanding Interviews

by Kirton McConkie PC on

On Monday, August 28, 2017, U.S. Citizenship and Immigration Services published a notice explaining the expansion of in-person interviews for immigration benefit applicants. Below is USCIS’ notice....more

New EEO-1 Form Put On Hold: Employers Have Until March 31, 2018 To Submit Prior Version Of EEO-1 Form

Key Points: The OMB has stayed the implementation of the new EEO-1 Form, which added compensation and hours worked components to the annual EEO-1 submission.....more

Wage and Hour Considerations During Weather-Related Emergencies

As Tropical Storm Harvey continues wreak havoc across Texas and beyond, it’s the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical...more

FLSA Questions After Hurricane Harvey

by Fisher Phillips on

Affected employers will have a variety of wage-hour questions in the aftermath of Hurricane Harvey. The number and scope of the issues raised might well be practically endless. Here we address in very general ways the federal...more

Two New PAC Opinions Provide Clarification to School Districts on Meeting Agendas and Redacting Information from FOIA Responses

by Franczek Radelet P.C. on

Recently, the Illinois Public Access Counselor (PAC) issued two opinions – one advisory and one binding – that reiterate the requirements of the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA)....more

Related-Party Provisions Prevent Deduction by S Corp Shareholders - Tax Update Volume 2017, Issue 4

by Pepper Hamilton LLP on

Many routine transactions occur between related parties, including the payment or accrual of interest on indebtedness, license fees, salary or benefits to employees and/or shareholders, and trade invoices. The Tax Court...more

Are Employers Obliged to Maintain a Daily Register of Working Hours in Spain?

by Jones Day on

In March and April 2017, the Supreme Court's Employment Chamber resolved (through Judgments 246/2017 and 338/2017) that, as a general rule, there is no legal obligation for companies to maintain a daily record of the...more

Dueling Time Cards: The Appellate Court Provides Guidance On Resolving Unpaid Wage Claims

Wage and hour law requires employers to keep true and accurate time records for payment of wages and overtime. This is usually a routine exercise with respect to non-exempt employees, for whom employers will have detailed...more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

USCIS Appeals Panel Rules on L-1B Employment

by Morgan Lewis on

The guidance creates a new wage obligation for L-1B employees on overseas payroll. On April 14, the Administrative Appeals Office (AAO) of US Citizenship and Immigration Services (USCIS) issued a memorandum establishing a...more

Defending Against Social Engineering Attacks

by Fisher Phillips on

The term “social engineering” used to conjure up images of social scientists with Ph.D’s brainstorming ways to improve race relations or provide lower income groups with greater access to education and employment...more

How Policies Can Defeat a Breach of Contract Claim

Here is an interesting scenario for employers to consider. A company discovers that an employee working in information technology has taken de-commissioned company computers for himself and even given some away. After...more

Important Information on W-2/SSN Data Theft Scam

by Bryan Cave on

A dangerous email scam currently is circulating nationwide and targeting employers, including tax exempt entities, universities and schools, government and private-sector businesses. The scammer poses as an internal executive...more

European Labour & Employment Update - March 2017

by Jones Day on

New rules have come into force concerning employees' rights to disconnect from digital devices outside normal working time. From 1 January 2017, all relevant employers must negotiate on the employees' right to have periods...more

United Kingdom: Gender Pay Gap Reporting Laws Update, European Labour & Employment Update

by Jones Day on

A reminder that the government has published its final draft form of the Gender Pay Gap Regulations, which come into force on 6 April 2017. The Regulations oblige relevant employers to report on their gender pay gap on an...more

Recordkeeping Compliance Tips

by SmithAmundsen LLC on

Nondiscrimination and privacy laws make recordkeeping a daunting task. Here are some compliance tips for today’s highly legislated and regulated business world: KNOW THE FILE TYPES - Not all files are the same....more

“W-2 Phishing Attacks Targeting Businesses to Cash in on Busy Tax Season: 10 Tips to Protect Your Business”

by Sedgwick LLP on

Cyber criminals are taking advantage of tax season to lure valuable W-2 information from vulnerable businesses. An example of a common phishing scheme starts with a scammer posing as a legitimate employee of a company,...more

It's W-2 Phishing Season: How to Stop, and Respond to, Tax-Related Identity Fraud Aimed at Your Organization's Employees

by Littler on

HR and payroll professionals nationwide have been, and will continue to be, targeted with e-mails apparently sent by a senior executive but actually sent by scammers who ask for a prompt reply with the 2016 W-2s for all of...more

New Jersey Bill Requires More Information on Pay Stubs

by Jackson Lewis P.C. on

The New Jersey Assembly Labor Committee has voted 8-0 in favor of amending the wage notification requirements under the state Wage Payment Law to require private and public employers to provide employees a statement for each...more

American Senior Communities Suffers W-2 Scam

W-2 phishing schemes continue to be a problem for companies in every industry. Last week, American Senior Communities based in Indiana announced that one of its employees was scammed through a phishing email and thereafter...more

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