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ICE Conducts "Old-Fashioned" Raid of Tennessee Meat Packing Plant
Immigration & Customs Enforcement (ICE) officials on April 5, 2018 conducted a "raid" on a meat packing plant in Bean Station, Tennessee, near Knoxville.  One distinction between a "raid" and an "inspection" is that a raid is accompanied by a warrant that requires immediate access to the property.  An inspection or audit in contrast begins w...
On March 6, 2018, the Wage and Hour Division of the U.S. Department of Labor (WHD) announced a pilot program designed to expedite resolution of payroll errors.  Dubbed with the convenient acronym PAID, the Payroll Audit Independent Determination program will allow employers to correct inadvertent overtime and minimum wage violations without having to...
Effective immediately, the U.S. Department of Labor raised Occupational Safety and Health Administration (OSHA) penalties by 2%.  In a notice published in the Federal Register on Tuesday, January 2, 2018 (Vol. 83, No. 1).  DOL said it was increasing 2018 penalties to comply with the Federal Civil Penalties Inflation Adjustment Act Improvements A...
In a June 7, 2017 news release, U.S. Secretary of Labor (DOL) Alexander Acosta announced the withdrawal of informal guidance issued in 2015 and 2016 on joint employment and independent contractors.  No statutes or regulations are repealed or amended, and case law isn’t affected, but the change means that DOL is abandoning the previous Administration’...
OSHA ALERT: OSHA Regional Emphasis Program Targets Southeastern Poultry Processing Facilities On October 26 and 27, 2015, OSHA's Atlanta and Dallas offices announced new regional emphasis programs focused on chicken processing facilities.  This program will affect employers in Regions 4 and 6, which cover an area stretching from the Arizona state...
DOL PROPOSES TO INCREASE SALARY THRESHOLD FOR OVERTIME EXEMPTION:  WILL IT RAISE WAGES OR CUT HOURS?   On June 30, 2015, the U.S. Department of Labor announced a notice of proposed rulemaking (NPRM) which proposes to more than double the current salary threshold for the executive, administrative, and professional (EAP) exemptions to overtime.&...
NLRB Explains What Employer Rules Are Unlawful and How to Make Them Lawful
NLRB EXPLAINS WHAT EMPLOYER RULES ARE UNLAWFUL AND HOW TO MAKE THEM LAWFUL On March 18, 2015, the NLRB General Counsel (GC), Richard Griffin, issued a report attempting to reduce some of the mass confusion over the NLRB's policies concerning employer handbooks and other company policies.  The GC acknowledges most employers do not draft their polici...
GOVERNMENT POSITION:  WORKER PRESENTS NEW SOCIAL SECURITY NUMBER AND STATES PREVIOUS DOCUMENTS WERE NOT REAL One of the most common (and difficult) immigration issues faced by employers occurs when an employer has accepted an employee's work authorization documents that appear genuine, but the employee later comes in and presents new identity and ...
PROS, CONS AND ISSUES WHEN DEALING WITH ELECTRONIC I-9 SOFTWARE PROVIDERS Should an employer adopt an electronic I-9 system?  If so, how should an employer go about selecting an electronic I-9 software provider?
Supreme Court Addresses Wage-Hour Collective Actions and Statistical Proof in Tyson Case On March 22, 2016, the U.S. Supreme Court affirmed a lower court decision which found Tyson Foods liable for a $2.9 million damage claim relating to overtime pay for time spent donning and doffing protective equipment.  The case was brought as a "collective" ac...
chickens, roosters
On December 3, 2015, representatives from OSHA Region 4 (Atlanta) and Region 6 (Dallas) and representatives of the poultry industry meet at Georgia Tech to discuss the Regional Emphasis Program (REP) for Poultry Processing.  Presenters included Kurt Petermeyer, the Regional Administrator for Region 4, several Deputy Regional Administrators from Regio...

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