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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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Articles

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.

Articles

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.

Articles

Top Ten Lessons from Tackling the COVID-19 Pandemic’s Toughest Employment Issues

By Lisa C. Hamasaki, Erika L. Leonard, and Karen M. Morinelli (Ogletree Deakins)

The COVID-19 pandemic forever changed employer-employee relations and rendered conventional perspectives on where, when, and how work is performed antiquated. As the COVID-19 pandemic turns into an endemic, the workplace issues and operational initiatives that have consumed the corporate world’s attention are likewise shifting. This article discusses what has changed and key lessons learned along the way.

Articles

PTO Request with ADA Accommodations

This Wisdom of the Crowd, compiled from responses posted on the Compliance and Ethics forum addresses paid time off requests with ADA accommodations.

Articles

Ten Takeaways from EEOC’s Updated Guidance on Pandemic and Caretaker Discrimination in the United States

By Andrew Maunz and Richard Mrizek, Jackson Lewis P.C.

No new laws or regulations have been adopted expanding legal liability to cover caregiver or victims of COVID-19. However, the EEOC’s guidance is a good reminder of what the law requires – and does not require – when addressing employees or applicants who may be caretakers.

Here are the top ten takeaways of what the guidance does and does not do.

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