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EU-US Data Transfer Safe Harbor Ruled Invalid

Fisher & Phillips LLP • October 08, 2015
In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old data-sharing arrangement known as “Safe Harbor” is invalid.

Chief Justice Denial of Stay Request Clears Way for New FLSA Regulations Affecting Home Care Agencies to Go Into Effect October 13, 2015

Ogletree Deakins • October 08, 2015
On October 6, 2015, Chief Justice John Roberts of the Supreme Court of the United States summarily denied the emergency stay application filed by the association plaintiffs in Home Care Association of America v. Weil. In the absence of a stay, the new U.S. Department of Labor’s (DOL) regulations extending the federal minimum wage and overtime requirements for home health care workers employed by third-party employers are expected to go into effect on October 13, 2015.

House Subcommittee Holds Hearing on Proposed Amendments to Overtime Rule

Littler Mendelson, P.C. • October 08, 2015
The Department of Labor's controversial proposed changes to the "white collar" overtime exemption regulations came under fire during a House Subcommittee on Investigations, Oversight and Regulations hearing on October 8, 2015. Among other changes, the proposal released on July 6 of this year sets the minimum salary required for overtime exemption at the 40th percentile of weekly earnings for full-time salaried workers, which by the year 2016 is predicted to be $50,440. The proposal also provides for automatic increases to the minimum salary level. While the proposal did not explicitly include amendments to the duties test, the DOL requested input on whether and to what extent changes are warranted.

White House Holds Worker Voice Summit

Littler Mendelson, P.C. • October 08, 2015
On Wednesday, the White House hosted a Summit on Worker Voice, an all-day event focused on promoting organized labor. The Summit featured panel discussions involving workers, union officials and organizers, and "model" employers. Both President Obama and Vice President Biden spoke at the event. President Obama said one of the goals of the Summit was to explore how to encourage a growing movement around the country to “empower workers.”

Supreme Court Will Hear Public Employee Free Speech Case

XpertHR • October 08, 2015
As the Supreme Court began its new term, it added an intriguing employee political speech case to its schedule. In Heffernan v. City of Paterson, the Court is being asked to decide if the First Amendment bans a public employer from demoting a police officer based on his superior's perception that the officer supported another political candidate.

OSHA Moves Closer to Finalizing "Improve Tracking of Workplace Injuries and Illnesses" (Electronic Recordkeeping) Rule

Jackson Lewis P.C. • October 08, 2015
On October 5, 2015, OSHA submitted to the Office of Information and Regulatory Affairs (OIRA), a draft final rule for OSHA’s “Improve Tracking of Workplace Injuries and Illnesses.” OIRA is the division within the President’s Office of Management and Budget (OMB) that reviews draft and final standards and regulations. Under Executive Order, all significant regulatory actions require OIRA review before agency actions can be implemented. Generally, OIRA has up to 90 days to review a rule.

Resource Update - Navigating the "Shadow Workforce" of Interns, Volunteers, Independent Contractors and Temporary Workers

FordHarrison LLP • October 08, 2015
With the recently published interpretation from the Department of Labor regarding who is considered an employee for the purposes of the Fair Labor Standards Act (and the DOL's ominous pronouncement that "most workers are employees") the shadow workforce of interns, volunteers, independent contractors and temporary workers has become even murkier. FordHarrison has prepared a Wage and Hour Toolkit, Shadow Workforce: Blurred Lines Can Lead to Real Wage Hour Liability, to help employers navigate this shifting and often perilous landscape. The Toolkit also provides best practices to help employers light a path through the dark to avoid wage and hour liability in these areas.

Wages and Water: What Do We Do?

Nexsen Pruet • October 08, 2015
With the recent rain storms that have blanketed the Carolinas and the resulting road damage and closures, this a good time for employers to review their inclement weather policies and to make sure they properly compensate all employees who miss work because of adverse weather.

Protecting Your Employees’ Right to Work

Nexsen Pruet • October 08, 2015
The South Carolina Chamber of Commerce published its annual Workforce & Jobs Report as a way to help educate business leaders and professionals about "the state of the South Carolina workforce and current trends and challenges."

California Governor Signs Gender Wage Equality Law

Ogletree Deakins • October 08, 2015
The California Fair Pay Act (FPA), a state law that codifies the principle that an employee is entitled to equal pay for equal work without regard to gender, has been amended with the passage of Senate Bill 358 (SB 358), which Governor Jerry Brown signed yesterday.

Ninth Circuit Addresses When Commuting Time May Be Compensable Under California Labor Code and What Must be Included in a PAGA Notice

Littler Mendelson, P.C. • October 08, 2015
The U.S. Court of Appeals for the Ninth Circuit recently addressed the compensability of commute time under the California Labor Code and the content required in a Private Attorneys General Act of 2004 (PAGA) letter. The Ninth Circuit examined the following:

New California Law Eases Employees’ Burdens in Proving Gender-Based Pay Claims and Creates Additional Protections for Employees to Discuss Their Wages

Jackson Lewis P.C. • October 08, 2015
On October 6, 2015 Governor Jerry Brown signed Senate Bill 358 (“SB 358”), a law that substantially eases California employees’ burden in proving gender-based pay claims. This law also increases the number of years that employers must retain employee records, and creates additional protections for employees who wish to discuss or disclose their wages.

CA Governor Signs New Equal Pay Law

Shaw Valenza LLP • October 08, 2015
The California Legislature has turned its attention to anti-discrimination law: equal pay. Now, who is against equal pay? If you raised your hand, you violated at least four laws that already existed before Jerry Brown signed SB 358 (text is here). Four laws? At least.

Employer Successfully Challenges PAGA Claim Based on Insufficient Notice Letter

Pettit Kohn Ingrassia & Lutz PC • October 08, 2015
The Ninth Circuit Court of Appeals (“Ninth Circuit”) dismissed an employee’s Private Attorneys General Act (“PAGA”) claim because the plaintiff failed to comply with the PAGA’s notice requirements.
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