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Informed Employer: October 24, 2018 Informed Employer: October 24, 2018

Informed Employer: October 24, 2018

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Using Algorithms to Prevent Hiring Bias Proves Ineffective
Between 2014 and 2017, Amazon tried to build an algorithmic system to analyze resumes and suggest the best hires. An anonymous Amazon employee called it the "holy grail" if it actually worked, but it didn't.
(Source: Quartz, 2018-10-22) Read the full article
Rule Banning H-4 Visa Holders Will Take Effect Soon
Time appears nearly up for an estimated 100,000 foreign citizens working in the U.S. under a special authorization for spouses of foreign workers here on the controversial H-1B visa. The federal government, which has been promising since late 2017 to ban these H-4 visa holders from working, has just put out a notice that the new rule will be issued sometime next month.
(Source: The Mercury News, 2018-10-18) Read the full article
Lawsuit Could Decide Whether USCIS Can Limit H-1B Visa Duration
U.S. Citizenship and Immigration Services claims it has the authority to limit the duration of an H-1B visa to any length it believes appropriate, but the chaos this has created for many employers has prompted people to ask a reasonable question: Does USCIS actually possess the authority to limit how long H-1B professionals can work on an H-1B visa? A new lawsuit may answer this question.
(Source:, 2018-10-15) Read the full article
Corporate Boards Mull Clawbacks for Executives' Bad Behavior
Corporate boards across the U.S. are weighing whether bosses who lose their jobs for bad behavior should surrender part of their compensation. Giving boards more leeway to recoup pay from those guilty of sexual harassment and other inappropriate behavior could provide a deterrent, but clawing back money under such circumstances may be easier said than done.
(Source: Bloomberg, 2018-10-09) Read the full article
DOL Rule Would Let Small Firms Pool Contribution Plan Resources
The Department of Labor announced a proposed rule that would expand the use of open multiple employer plans. Under the proposed rule, small businesses could band together to offer employees defined contribution plans.
(Source: Pensions & Investments, 2018-10-22) Read the full article
OMB Reviewing Employer Exemptions for Contraceptive Coverage
A contentious federal rule that would expand employer exemptions for contraceptive coverage based on "moral convictions" is back under review by the Office of Management and Budget. Last year, the Department of Health and Human Services released two proposed rules loosening contraceptive coverage exemptions under the Affordable Care Act.
(Source: Fierce Healthcare, 2018-10-15) Read the full article
2018 Hottest Employee Benefit is Student Loan Repayment Help
Student loan repayment assistance is the hottest employee benefit of 2018. According to the latest student loan debt statistics from personal finance site Make Lemonade, there are more than 44 million borrowers who collectively owe $1.5 trillion in student loans.
(Source:, 2018-10-18) Read the full article
Employers' Denial of Light Duty Can Lead to Women's Miscarriages
For women who work in physically demanding jobs, pregnancy discrimination often can come with even higher stakes. The New York Times reviewed thousands of pages of court and other public records involving workers who said they had suffered miscarriages, gone into premature labor or, in one case, had a stillborn baby after their employers rejected their pleas for assistance — a break from flipping heavy mattresses, lugging large boxes and pushing loaded carts.
(Source: The New York Times, 2018-10-21) Read the full article
Major Study Confirms Women Paid Substantially Less Than Men
A massive six-year study by the ADP Research Institute confirms that women, on average, are paid substantially less than men. The research tracked the compensation of approximately 11,000 people who were hired into exempt salaried positions during the third quarter of 2010 and continuously worked for the same company through 2016.
(Source:, 2018-10-16) Read the full article
Survey Finds 25% of Workers Have Left Job Over Bad Commute
As the unemployment rate continues to drop and the labor market turns into a seller’s game, employees are getting pickier about what they will tolerate, and increasingly, the rush hour blues are getting the better of them. A new survey by staffing firm Robert Half found that nearly one-quarter of workers have left a job due to a bad commute.
(Source: Fast Company, 2018-10-18) Read the full article
What Does New York’s New Harassment Law Tell Us About the Future of Harassment Training?

David Carr

No one in Indiana says, “As New York goes, so goes America!” On the other hand, the wise employer may want to give some attention to the new law that went into effect in New York on October 9. It may well be a harbinger of things to come, and may at least suggest some best practices. Moreover, if you have any employees in New York, this law applies to those employees.

Court decisions have made clear for years that all employers should provide harassment prevention training. California, Connecticut, Delaware, and Maine have already also specifically required sexual harassment training by state statute. New York now joins the fray.   

Starting October 9, not just any old harassment training will suffice for New York employers. Instead, rigid guidelines for such training now exist.

Read more here.


Tokers Beware: Marijuana Use May Preclude Entry to U.S.

Jenifer Brown, Christl Glier and Kristin Kelley

The growing legalization of marijuana is prompting U.S. immigration officials to question foreign nationals about their personal marijuana use and/or their involvement, including employment, in the legal cannabis industry. This activity has reportedly resulted in the denial of U.S. immigration benefits to non-citizens, as well as bars to entry into the U.S. as visitors, workers or permanent residents. A mere admission by a non-citizen to use of or involvement with marijuana, even when legal where the activity occurred, may be considered to be in violation of U.S. law for purposes of immigration benefits, potentially resulting in seizures, fines, arrests and/or findings of inadmissibility to the U.S.

Read more here.


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