Feeds
1683 items (1683 unread) in 5 feeds
-
Labor Law Blog
(82 unread) -
Federal Employment Law (705 unread)
-
Labor Prof (749 unread)
-
Labor and Employment Law
(19 unread)
-
Labor Center
(128 unread)
Federal Employment Law (30 unread)
-
What Is The "Youth Minimum Wage"?
Posted: July 30th, 2010, 1:00am EDT
We've had inquiries recently about whether the federal Fair Labor Standards Act allows employers to pay less than its $7.25-per-hour minimum wage to certain younger workers. While there is such an exception, it is limited in important ways. -
DOL Publishes Guidance On FLSA Lactation-Break Requirement.
Posted: July 30th, 2010, 1:00am EDT
The U.S. Labor Department has released its general views about the meaning of the federal Fair Labor Standards Act's new lactation-break requirement that was the subject of our April 1, 2010 post. You will recall that FLSA-covered employers must now grant breaktime to a worker for the purpose of expressing breastmilk for her nursing child.
-
New Guidance on Law Requiring Breaks for Nursing Mothers.
Posted: July 30th, 2010, 1:00am EDT
Employers are affected by the health-care legislation, also known as the Patient Protection And Affordable Care Act, in numerous ways. One of the lesser-known parts of the Act is Section 4207, which amends the Fair Labor Standards Act (FLSA). Section 4207, also called Reasonable Breaks for Nursing Mothers, requires employers to provide nursing mothers reasonable breaks to express breast milk and a separate room where they can take the break for up to the first year after the childs birth. (See FLSA Now Requires Breastfeeding Breaks and a Place to Take Them).
-
DOL Publishes Guidance On FLSA Lactation-Break Requirement.
Posted: July 26th, 2010, 1:00am EDT
The U.S. Labor Department has released its general views about the meaning of the federal Fair Labor Standards Act's new lactation-break requirement that was the subject of our April 1, 2010 post. You will recall that FLSA-covered employers must now grant breaktime to a worker for the purpose of expressing breastmilk for her nursing child.
-
Patient's preference for white aides does not trump health care employer's duty to its employees to abstain from race-based work assignments.
Posted: July 26th, 2010, 1:00am EDT
The 7th U.S. Circuit Court of Appeals has ruled that a nursing homes policy of complying with patients wishes to be treated only by white health care workers can form the basis of a racially hostile work environment for non-white employees.
-
New Mandatory Posting for Government Contractors (pdf).
Posted: July 26th, 2010, 1:00am EDT
President Obama continues his support of big labor with a first of its kind mandatory employer posting requirement designed to advise employees how to form or affiliate with a labor union. If you are a federal contractor or subcontractor - or are thinking about becoming one you will want to read about this important development.
-
Wall Street Reform Act Expands Employer's Whistleblower Liability.
Posted: July 26th, 2010, 1:00am EDT
The highly anticipated legislation expected to bring reform to Wall Street also includes provisions that greatly expand whistleblower liability risk for employers. The Dodd-Frank Act Wall Street Reform and Consumer Protection Act (DFA) was signed into law by President Barack Obama on July 21, 2010. The 2,319 pages of federal legislation contain the hotly contested establishment of a Bureau of Consumer Financial Protection. The establishment of this Bureau, however, is far from being the DFAs only change.
-
Form 5500 Filing Due for Calendar Year Plans.
Posted: July 26th, 2010, 1:00am EDT
The Form 5500, Annual Return/Report of Employee Benefit Plan, including all required schedules and attachments, is used to report information concerning employee benefit plans. Generally, any administrator or sponsor of an employee benefit plan subject to ERISA must file information about each benefit plan every year. Typically, Form 5500 reports must be filed by the last day of the 7th calendar month after the end of the plan year. For calendar year plans, this means the Form 5500 is due by August 2, 2010 (as July 31 is a Saturday), unless a Form 5558 is submitted and received by the IRS on or before the Form 5500 report's normal due date.
-
Avoiding Liability for Wage and Hour Violations in the Hospitality Industry (pdf).
Posted: July 23rd, 2010, 1:00am EDT
Avoiding Liability for Wage and Hour Violations in the Hospitality Industry
-
Executive Compensation and the Wall Street Reform and Consumer Protection Act.
Posted: July 22nd, 2010, 1:00am EDT
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173) (the "Act"), which is intended "to promote the financial stability of the United States by improving accountability and transparency in the financial system" and "to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes." While the Act is directed at the financial system, it incorporates broad executive compensation provisions that apply beyond the financial services industry. Publicly-traded companies need to understand and prepare for these new requirements. Included in Subtitle E of Title IX Accountability and Executive Compensation ("Subtitle E") of the Act are laws generally related to executive compensation practices of publicly-traded companies and certain financial institutions. The laws enacted under Subtitle E amend the Securities Act of 1933 and Securities Exchange Act of 1934 (the "Exchange Act"), and also direct the Securities Exchange Commission (SEC) and certain other Federal Regulators to adopt rules consistent with the new law.
-
What Do Employers with HIPAA-Covered Health Plans Really Need to Know About Recently Proposed Revisions to HIPAA Regulations?
Posted: July 22nd, 2010, 1:00am EDT
The U.S. Department of Health and Human Services (HHS) published on July 14, 2010, a voluminous Notice of Proposed Rulemaking (NPRM), containing dozens of proposed amendments to three sets of Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations: the Privacy Rule; the Security Rule; and the Enforcement Rule. The proposed amendments are directed principally at implementing the Health Information Technology for Economic and Clinical Health Act (HITECH Act), which amended HIPAA and went into effect on February 17, 2010. A careful review of the NPRM for its impact on employers who sponsor HIPAA-covered plans reveals that, if the proposed changes were adopted, employers would be required to revise their business associate agreements, their HIPAA notice of privacy practices, and their policies for responding to access requests. The NPRM also provides employers with a roadmap for avoiding civil monetary penalties.1
-
Use Twitter, Get Fired.
Posted: July 22nd, 2010, 1:00am EDT
The "resignation" of a CNN editor due to comments made via Twitter was a big story last week. (See Tweet At Your Own Risk: CNN Editor Learns the Hard Way). But it certainly was not the first story involving an employee terminated for something he or she posts online, whether it's on Facebook (see Eagles Employee Gets Benched for Comment on Facebook Page), a personal blog (see Employee Fired When Her Sex Blog Is Discovered by Her Boss), or, like the CNN story, via Twitter.
-
DOL to Conduct "FMLA survery": Is More Regulatory Change on the Horizon?
Posted: July 22nd, 2010, 1:00am EDT
On the campaign trail, then candidate Barack Obama promised to work aggressively on work-family balance if he was elected president. In doing so, he clearly signaled a movement toward pursuing additional rights for employees to permit them to better balance their workplace duties and their personal and family lives. This "movement," however, has been stalled by the health care debate, the conflict in Iraq, and the Gulf Oil mess.
-
'Talking the Talk': Jeff Schwartz on Building Talent During a Downturn
Posted: July 22nd, 2010, 1:00am EDT
Although many business leaders are not convinced that the worst of the global economic crisis is over, there is no better time than the present for top executives to ramp up their recruiting of top talent, launch new in-house programs for training future leaders, and map out a formal succession plan covering the CEO or other top officials.
-
Labor Law Update for Employers Who Are Not Unionized: Anticipated Changes Under the Obama NLRB.
Posted: July 22nd, 2010, 1:00am EDT
Like many governmental agencies, the National Labor Relations Board (NLRB or Board), which enforces the National Labor Relations Act (NLRA), has become quite politicized. The five members who serve on the Board are appointed by the President and confirmed by the Senate. During the Bush Administration, the Board consisted of three Republicans and two Democrats. The Bush Board changed or modified many prior Board decisions, resulting in an obvious pro-employer tilt.
-
Health Care Reform Act Requires Time Off for Employees to Express Breast Milk.
Posted: July 22nd, 2010, 1:00am EDT
The recently enacted Health Care Reform Act contains a provision that amends the federal Fair Labor Standards Act by requiring employers to provide reasonable unpaid time off and a private place other than a restroom for an employee to express breast milk for a year after a childs birth. There is an exemption for employers of fewer than 50 employees for whom compliance is an undue hardship. The new law became effective on March 23, 2010, and does not preempt state laws that are more generous to employees.
-
EEOC Cracks Down On Automatic Termination Policies Following Medical Leave.
Posted: July 22nd, 2010, 1:00am EDT
As some employers are learning the hard way, the U.S. Equal Employment Opportunity Commission (EEOC) is taking a tough stance against inflexible leave of absence policies that call for automatic termination of employment when an employee cannot return to work upon expiration of the employers maximum medical leave period. These policies are often referred to as no fault or automatic termination policies. For years, many employers believed these policies were nondiscriminatory because they applied neutrally to all employees on medical leave. The EEOC, however, disagrees and is aggressively taking the position that these policies violate the Americans with Disabilities Acts (ADA) requirement that requests for medical leave, including extended leave, be assessed individually on a case-by-case basis.
-
More Health Care Reform Regulations Issued.
Posted: July 22nd, 2010, 1:00am EDT
On June 28, 2010, the Departments of Health and Human Services, Labor and Treasury, published interim final regulations ("Interim Regulations") pertaining to the preexisting condition exclusions, lifetime and annual dollar limits, rescissions, choice of providers, and coverage of emergency services requirements under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act (the "Act"). Most of the Interim Regulations are effective for plan years beginning on or after September 23, 2010, which means an effective date of January 1, 2011 for calendar year plans. The prohibition of preexisting condition exclusions for individuals under the age of 19, has the above effective date, but that prohibition is not applicable to all other individuals until January 1, 2014. With the exception of the patient protections (choice of providers and coverage of emergency services requirements), the Interim Regulations apply to both grandfathered and non-grandfathered group health plans.
-
THEYRE BAAAACK: PLAs Return to Haunt Non-Union Contractors.
Posted: July 21st, 2010, 1:00am EDT
On April 13, 2010, the Federal Acquisition Regulation (FAR) Council released a final rule implementing President Obamas Executive Order 13502, which encourages federal agencies to use Project Labor Agreements (PLAs) on federal construction projects valued at $25 million or more. EO 13502, which was actually issued on February 6, 2009, repealed President Bushs Executive Orders 13202 and 13208, which in turn declared that neither the federal government, nor any agency acting with federal assistance, shall require or prohibit construction contractors to sign union agreements as a condition of performing work on government construction projects. It is estimated that, in the eight years it was in existence, President Bushs EO 13202 caused at least $147.1 billion worth of federal construction projects to be competitively bid without discrimination against non-union contractors.
-
Health Care Reforms Impact on Employers.
Posted: July 21st, 2010, 1:00am EDT
While at present there are no mandates on employers either in or out of the construction industry to provide health coverage to independent contractors or even to employees, those businesses that do provide health coverage are finding that an entire new regulatory world awaits them.
-
20 Ways Your Subcontractor Might Be an Employee
Posted: July 21st, 2010, 1:00am EDT
Quite often, companies in the construction industry hire subcontractors and classify them as independent contractors. However, these companies should take caution in proceeding with such classification. In February, the IRS began its first comprehensive audit of employment tax issues in over 25 years. The main issues to be examined in these audits are worker classification, executive compensation and taxable fringe benefits. (For a broad discussion of all of these issues, please see our Firms November 2009 Tax alert IRS Will Audit 6,000 Companies Make Sure Your Employment Taxes Are in Order.) Because worker classification is an issue that arises often for construction companies, this article focuses solely on worker classification and the factors involved in making an accurate determination.
-
Who's Your Daddy? Under the FMLA, It's a Tough Question.
Posted: July 21st, 2010, 1:00am EDT
Maury Povich has made a good living hosting a TV show which often focuses on determining paternity. The show follows a familiar pattern. A woman comes on and declares that a man, waiting back stage, is the father of her baby. The child is then shown on the screen for the audience in the studio and at home to adore. The putative father is then marched onstage to loud boos.
-
One Stop Shopping for Whistleblowers.
Posted: July 21st, 2010, 1:00am EDT
A hat tip to Today's Workplace, the blog of the Outten & Golden firm, for their link to OSHA's new whistleblower website, Office of the Whistleblower Protection Program.
-
As ENDA Lingers in Congress, a MDV in Maine.
Posted: July 21st, 2010, 1:00am EDT
Just recently I was having what is a frequent conversation about what I do for a living, basically -- how interesting it is. And how although I am now 35 years into the practice I am still amazed at the new situations and the complexity of issues that I see, or as in this case read about.
-
Government Contractors Required to Report Subcontracts and Executive Compensation.
Posted: July 21st, 2010, 1:00am EDT
Under a new Interim Rule issued by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration, federal contractors are required to identify first-tier subcontract awards on contracts and orders expected to amount to at least $25,000 and report annually the total compensation of the contractors and first-tier subcontractors top five executives for the preceding fiscal year. The Interim Rule is effective immediately.
-
Recent Hospitality Employment Lawsuits.
Posted: July 20th, 2010, 1:00am EDT
No industry provides more interesting fact patterns in employment discrimination lawsuits than the hospitality industry. And unfortunately, those interesting fact patterns tend to surface with some regularity. The following are summaries of recent employment lawsuits against hospitality employers. Such cases can be instructive to hospitality employers as they strive to minimize the risk of being subjected to similar claims.
-
Miner Act 2010?
Posted: July 20th, 2010, 1:00am EDT
The House Education and Labor Committee, chaired by Representative George Miller of California, recently drafted a bill (H.R. 5663) entitled the Miner Safety and Health Act of 2010. The measures stated purpose is to improve safety compliance, empower workers to raise safety concerns, prevent tragedies and establish victims rights.
-
Decision Against Novartis Has Implications Beyond Pharmaceutical Industry.
Posted: July 20th, 2010, 1:00am EDT
In a major decision with possible relevance outside of the pharmaceutical industry, the Second Circuit U.S. Court of Appeals (Connecticut, New York, and Vermont) gave strong deference to a U.S. Labor Department legal brief and overruled a lower court in deciding that Novartis's pharmaceutical sales reps were not exempt from overtime as outside salespersons or as administrative employees under the federal Fair Labor Standards Act or applicable state laws. On the same day, the Second Circuit also summarily ruled against Schering in a similar case.
-
Does GINA Provide a Cause of Action for Overweight (or Overly Attractive) Employees?
Posted: July 20th, 2010, 1:00am EDT
GINA (the Genetic Information Nondiscrimination Act), has been dismissed by many legal practitioners as an unnecessary law with little probable impact on employers. Au contraire. The ink has barely dried on this new law and, already, GINA is making headlines. For example, a GINA claim has been filed against a Connecticut employer, GINA may make illegal the common practice of checking Internet sources for information on a current or future employee and, last but not least, as recently posited in this article in Corporate Counsel magazine, GINA could provide a new claim to overweight employees who believe theyve been discriminated against.
-
The Dodd-Frank Wall Street Reform and Consumer Protection Act: Provisions Related to Corporate Governance and Executive Compensation.
Posted: July 20th, 2010, 1:00am EDT
On July 15, 2010, the Senate approved the Dodd-Frank Wall Street Reform and Consumer Protection Act, following House approval on June 30, 2010. President Obama is expected to sign the Act into law the week of July 19th. The Act broadly targets many of the perceived root causes of the near collapse of the financial system that began in 2007 through a combination of financial regulatory reform, consumer and investor protection measures and regulation of the derivatives markets. The corporate governance and executive compensation-related provisions of the Act were adopted against the same backdrop of financial crisis, largely in reaction to the public's railing against the levels of compensation paid to some corporate executives despite poor performance by their firms, especially where those firms were viewed as contributors to the crisis itself. Although these provisions received relatively little media focus and public attention in the debate surrounding adoption of the Act, they address a number of highly controversial issues, such as say on pay and proxy access, that have been the center of battles among business interests, shareholder activists, legislators and regulators for almost a decade. Much like the Sarbanes-Oxley Act of 2002, many of these provisions promise to have a significant impact on public companies in all industries.