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Trion Group, a Marsh & McLennan Agency, LLC Company
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With the Affordable Care Act (ACA) changing the game—and benefits representing approximately one-third of a company’s total compensation spending—it’s never been more important to help employees understand their benefits.Unfortunately, almost half of all employees don’t understand their benefit options and don’t feel confident when making their annual elections. That’s where our white paper Educating Employees About Their Benefits: A Six-Step Approach comes in. trioncommunications.com/whitepaper/
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Connecting Safety to Your Work
Some folks think safety is about OSHA and inspections, but it is about more. It’s about how to take care of your employees so they are safe and productive. Understanding how an accident—or worse a fatality—can affect your business is a critical part of your job. Watch our webinar to learn from a 28-year veteran of the safety industry and the widow of a construction worker who died on the job. http://ow.ly/qK6x30hUBUJ
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Forced Workplace Closures: Preparing for Emergencies
2017 was a tough year for employers. Fires, storms, and flooding caused unexpected workplace closures across the country. Join ThinkHR’s chief knowledge officer, Laura Kerekes, as she tackles the tricky issues raised by unexpected office closures. http://ow.ly/GzxR30hUBMy
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A #snowday is the perfect day to find your dream job. We're hiring an #HR Generalist, Producer, #Technical Analyst, MySQL Database Administrator. Interested? trioncareers.com #PAWinter
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Can the following statement be included in job postings: “We are interested in every qualified candidate who is eligible to work in the United States"?
Answer below. Read more of Our Wisdom here: https://trion.com/resources/
The anti-discrimination provisions of the Immigration and Nationality Act (INA) do not bar employers from limiting employment to individuals with the legal right to work in the United States and stating in recruitment materials that immigration or work visa sponsorship will not be provided as long as the no-sponsorship policy is applied in a nondiscriminatory fashion regardless of race, gender, ethnic origin, or any other classification protected by law.
This legal right to work status applies to U.S. citizens, U.S. nationals, recent lawful permanent residents, refugees and asylees. Other types of nonimmigrants may lawfully be excluded from the recruitment process if the exclusion practices do not involve discrimination based on protected class status or other prohibited conduct such as document abuse in the I-9 verification process.
In the event that an applicant overlooks the no-sponsorship statement in the recruitment materials, the Department of Justice has indicated employers may lawfully ask:
Are you legally authorized to work in the United States on a full-time basis? Will you now or in the future require sponsorship for employment visa status?
Consequently, employers may lawfully reject applicants for advertised positions who are not U.S. citizens, U.S. nationals, recent lawful permanent residents, asylees, or refugees. If an applicant’s immigration status is unclear during the recruitment and selection process, consult with legal counsel.
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In the last quarter, for the first time in history, health care has surpassed manufacturing and retail, the most significant job engines of the 20th century, to become the largest source of jobs in the U.S. via The Atlantic
https://www.theatlantic.com/business/archive/2018/01/health-care-america-jobs/550079/
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Federal - WHD Revises Test for Unpaid Internships

On January 5, 2018, the U.S. Department of Labor’s Wage and Hour Division (WHD) released a Field Assistance Bulletin (FAB No. 2018-2) establishing that the primary beneficiary test, rather than the six-point test, will determine whether interns at for-profit employers are employees under the federal Fair Labor Standards Act (FLSA).
The primary beneficiary test requires an examination of the economic reality of the intern-employer relationship to determine which party is the primary beneficiary of the relationship. The following seven factors are part of this test:
The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee — and vice versa.The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job after the internship.
According to the WHD, under the primary beneficiary test, no one factor is dispositive and every factor is not required to be fulfilled to conclude that the intern is not an employee entitled to the minimum wage. The primary beneficiary test is a distinct shift in analysis because per the six-part test every intern and trainee would be an employee under the FLSA unless his or her job satisfied each of six independent criteria. Courts have held that the primary beneficiary test is an inherently “flexible” test and whether an intern or trainee is an employee under the FLSA necessarily depends on the unique circumstances of each case.
The WHD announced it will conform to the federal court of appeals’ determinations and use the same court-adopted test to determine whether interns or students are employees under the FLSA.
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