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Lawmakers Introduce Worker Misclassification Legislation

Littler Mendelson, P.C. • July 30, 2015
Two weeks after the U.S. Department of Labor issued an Administrator's Interpretation cautioning that "most workers are employees," Senators Bob Casey (D-PA) and Al Franken (D-MN) introduced a bill targeting worker misclassification. The Payroll Fraud Prevention Act of 2015 would make a number of amendments to the Fair Labor Standards Act to require employers to delineate employees from non-employee contractors, impose additional employer reporting requirements, and establish new penalties for misclassification violations.

MSHA Workplace Examination "Clarification" Places Enforcement Target Squarely on Operators

Ogletree Deakins • July 30, 2015
Over the years, the Mine Safety Health Administration (MSHA) has tried on two different occasions to overhaul the workplace examination standard at 30 CFR §56/57.18002 by issuing program policy letters. The agency’s primary goal in each of those efforts was to expand the recordkeeping requirement in the regulation to require operators to record conditions identified in the examination. In each case, following industry challenges, the agency was forced to withdraw its new policy and concede that the regulation does not contain such a requirement. These concessions were ultimately based on the recognition that such substantive changes to the regulatory requirements of the standard would necessitate notice and comment rulemaking that afforded stakeholders appropriate input.

Key Tips for Managing Employees Taking or Requesting Leave

XpertHR • July 30, 2015
At a Society for Human Resource Management (SHRM) regional chapter symposium in New Jersey last week, Fisher & Phillips employment attorney David Lichtenberg shared some helpful tips for managing employees on leave. Lichtenberg also discussed several best practices for avoiding lawsuits when it comes to leaves and accommodation, including:

Copycat Ordinance: Los Angeles County to Adopt $15 Minimum Wage Similar to Recent Los Angeles Citywide Ordinance

Littler Mendelson, P.C. • July 30, 2015
On July 21, 2015, the Los Angeles County Board of Supervisors approved a motion directing County Counsel to prepare a “Countywide Minimum Wage Ordinance” to incrementally increase the minimum wage for Los Angeles County employees and employees working in unincorporated areas within the county. The motion calls for raising the minimum wage in ways that match the recently enacted Los Angeles City Minimum Wage Ordinance.1 If the county follows through, both Los Angeles City and Los Angeles County would require all covered employers to provide a minimum wage of $15 per hour by 2021.

Ninth Circuit Finds That Insurance Claims Adjusters Are Exempt Administrative Employees Under California Law

Jackson Lewis P.C. • July 30, 2015
Applying California’s administrative exemption test, the U.S. Court of Appeals for the Ninth Circuit recently concluded an insurance company properly classified its claims adjusters (who handled and processed disability claims) as exempt from the overtime provisions of the California Labor Code, notwithstanding the clerical duties the adjusters performed and their characterization of their work as “routine”. See Bucklin v. Zurich Am. Ins. Co., 2015 U.S. App. LEXIS 12497 (9th Cir. July 20, 2015).

Bay Area Employer 411: What You Need to Know About the New Laws on Equal Pay, Fair Scheduling and Slavery-Free Supply Chains

Jackson Lewis P.C. • July 30, 2015
Jackson Lewis Shareholder Punam Sarad will serve as a panelist at the Bay Area Employer 411: What You Need to Know About the New Laws on Equal Pay, Fair Scheduling and Slavery-Free Supply Chains Conference hosted by the San Francisco Department on the Status of Women, Department of Labor/Women’s Bureau, Equal Employment Opportunity Commission and American Association of University Women/San Francisco Branch. The panel will be followed by a roundtable discussion about the Family Friendly Workplace Ordinance and Retail Workers Bill of Rights.
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