Recently, the Social Security Administration (SSA) resumed their practice of sending Employer Correction Requests (informally “no-match letters”) to employers advising them that information submitted on an employee’s Form W-2 does not match SSA records. The SSA stopped sending no-match letters in 2012, but in recent months, employers across many industries have received letters.
The no-match letter states that there is an error with at least one name and the Social Security Number (SSN) on a W-2 that is submitted by the employer. Importantly, the no-match letter does not imply that the employer or the employee intentionally reported incorrect information. They are educational in nature to advise employers that a correction may be needed for the SSA to post the correct wages to the right record because discrepancies could occur due to typographical errors, unreported name changes (such as changes due to marriage or divorce) and inaccurate employer records.
If your company has received a no-match letter, consider taking the following action: Continue reading
By: Andrew J. Sommer and Daniel C. Deacon
California has had yet another banner year closing the 2017 legislative session with a spate of new employment laws imposing additional compliance obligations on employers. Bucking the anti-regulatory tide in Washington, DC, California has passed dozens of new laws impacting both private and public sector employers. Overall, Governor Jerry Brown has vetoed just over 12% of the bills passed by the California legislature this year.
Conn Maciel Carey LLP provides this summary of key new employment bills, regulations and local ordinances impacting California private sector employers. Unless otherwise indicated, these new employment laws take effect January 1, 2018.
Statewide “Ban the Box” Law
Continuing a national trend at the state and municipal level, California has passed Assembly Bill (AB) 1008, a statewide “ban the box” law limiting any inquiry into an applicant’s criminal history. AB 1008 applies to employers with five or more employees, and is markedly different from San Francisco’s “ban the box” ordinance.
The statewide law makes it unlawful for an employer to inquire into or consider an applicant’s criminal history, including seeking such information on any job application, before the employer has made a conditional offer of employment. In addition, an employer that intends to deny an applicant a position solely, or in part, because of the applicant’s conviction history ascertained after the conditional job offer has been extended must make an individualized assessment of whether the applicant’s conviction history has a “direct and adverse relationship” with the specific duties of the applied for position. In making this assessment, the employer must consider: (1) the nature and gravity of the offense or conduct; (2) the time that has passed since the offense or conduct and/or completion of the sentence; and (3) the nature of the job held or sought.
The annual HR in Hospitality Conference, which is a leading conference that has content tailored to meet HR professionals’ needs to stay up to day on the latest legal issues facing the hospitality industry, will be held in Las Vegas on March 27 – 29, 2017.
Kara Maciel, Chair of the Labor & Employment Practice, is pleased to be speaking on a panel with other industry experts to discuss the top “50 Legal Tips in 50 Minutes.” The panel will occur on March 28, 2017 from 4-5 pm, and will discuss the new Trump Administration, and what legislative and regulatory policies will change, what policies cannot change, what policies may change, and what to expect at the state law level.
All HR professionals in the hospitality industry will benefit from this conference, and as a friend of Conn Maciel Carey, you can register with a $100.00 discount off registration by clicking here.
We hope to see you in Vegas!
Newly elected President Trump will have a significant impact on shaping the executive agencies that impact employers, unions and the workplace in general, not to mention the fact that he may hand pick up to four new Supreme Court Justices. There is no doubt that legislation, regulation, and court cases during the Trump Administration will have lasting effects on employers in 2017 and beyond.
On February 20, 2017, Conn Maciel Carey’s Labor & Employment and OSHA attorneys will host an in-person briefing in its Washington, DC office to discuss the practical impact of the Trump Administration on the legal landscape in key areas for the workplace, including:
- The effort to repeal the Affordable Care Act;
- The rollback of regulation and former President Obama’s Executive Orders, including the Department of Labor’s overtime rule, the persuader rule, and OSHA’s anti-retaliation rule;
- The National Labor Relations Board under Philip Miscimarra’s Chairmanship;
- Anticipated court decisions from the Supreme Court, including whether employers can include class action waivers in arbitration agreements;
- OSHA enforcement, regulatory and policy developments to expect during the Trump Administration’s inaugural year.
Networking will start at 8:30 am, and the briefing will last from 9:00 am – 10:30 at 5335 Wisconsin Avenue, NW, Suite 660. To register for this complimentary briefing, please contact firstname.lastname@example.org.
We hope to see you there!