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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Docket Article

The ABCs of Work: Good Job

Do a good job, and be grateful for what you have as you grow says Career Path author James Bellerjeau in The ABCs of Work series.
#ACCDocket #abcsofwork

A Job Applicant Is Not An Employee For Compensation Purposes

By Kiran Seldon and Cassandra Frias, Seyfarth Shaw LLP

The Ninth Circuit recently concluded that job applicants are not entitled to compensation for time devoted to pre-employment drug tests because an employment relationship has not yet been formed. The Ninth Circuit held that the “control test” does not apply to job applicants, and that, under California contract law, the applicants had no contract for employment until they passed the pre-hire drug tests. Johnson v. WinCo Foods.


Compliance With Washington State’s New Pay Transparency Law: The Strictest Job Posting Requirements In the United States

By Helen McFarland and Kira Johal 

Effective January 1, 2023, employers who are hiring in the state of Washington will need to comply with the strictest job posting requirements in the United States. Washington’s newly revised Equal Pay And Opportunity Act now requires employers with 15 or more employees to disclose a pay scale and general description of benefits in each job posting or face claims of at least $5000 per violation. Washington’s agency overseeing the Act recently finalized its Policy to answer many outstanding questions regarding compliance with the new law.

Sample Forms, Policies, and Contracts

FLSA Overtime Exemption Guide

By Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Charles E. McDonald, III

The following flowchart is designed as an internal guide to assist managers in making a preliminary assessment of whether a job position may qualify for exempt status under the FLSA. This document is only designed to be a tool to assist in the implementation of new job positions. This flowchart does not take applicable state law into account which may impact the exemption analysis.


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