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Drug/alcohol testing clearinghouse for truck drivers speeds toward adoption

Constangy, Brooks & Smith, LLP • April 16, 2014
Motor carriers have always taken drug abuse seriously, but they have even more reason to do so now. The Federal Motor Carrier Safety Administration has released proposed regulations that would create a drug and alcohol testing clearinghouse for interstate truck and bus drivers.

USDOL Guidance Released On "Adult Foster Care", "Shared Living Arrangements"

Fisher & Phillips LLP • April 16, 2014
We reported earlier that the U.S. Labor Department has issued a Final Rule re-stating the requirements for and limitations upon the federal Fair Labor Standards Act's Section 13(a)(15) "companionship exemption". The changes are effective in January 2015. As has been widely discussed, this exemption will then no longer be available to third-party employers under the new regulations.

Tax Alert: Attention Employers Using Pre-Approved Retirement Plans – It’s Amendment Time Again!

Nexsen Pruet • April 16, 2014
Do you sponsor a tax-qualified retirement plan that was pre-approved by the IRS? If so, pre-approved documents take one of two forms.

Complying With ‘Reasonable Accommodation' Requests

Fisher & Phillips LLP • April 16, 2014
Employers must understand their accommodation obligations. Denying an accommodation request because the employee is not disabled is a risky proposition.

Meet Illinois’ Newest Power Couple: NLRB Region 13 and Illinois DOL Enter Into Formal Cooperation Agreement; NLRB Softens Strict Default Judgment Language, Gives Regions More Discretion

Franczek Radelet P.C • April 16, 2014
The past few weeks have brought potentially important developments for employers at both the local and national level. First, in Chicago, the Regional Director for Region 13 of the National Labor Relations Board, Peter Sung Ohr, and the Director of the Illinois Department of Labor (DOL), Joseph Costigan, recently signed a Memorandum of Understanding (MOU) to strengthen cooperation and collaboration between the two agencies. Under the MOU, the agencies have agreed to refer charges to each other if they receive information while processing a case that may be within the jurisdiction of the other agency, if the individual consents to the referral. The MOU also provides for cross-training between the two agencies and procedures for sharing information “where appropriate.”

Tennessee Employers Beware—Make Sure You Are Paying Your Employees On Time

Ogletree Deakins • April 15, 2014
Tennessee requires employers to comply with several requirements when it comes to paying employees their wages. Most of these requirements are set out in the Tennessee wage payment statute. Employers are required to maintain regular paydays and notify employees of when these paydays are with written notices posted in at least two locations in the workplace.

Recent Puerto Rico Court of Appeals Rulings Provide Guidance Regarding What Constitutes a Transfer of Going Business

Littler Mendelson, P.C. • April 15, 2014
Two recent rulings from the Puerto Rico Court of Appeals provide guidance as to what constitutes the transfer of a going business vis-à-vis the closing of a business, to determine whether the employer is liable for payment of severance to employees who are discharged within the context of those transactions.

California Supreme Court Hears Arguments on Whether Discrimination Claim Barred if Employee Used Another’s Social Security Number When Applying for Position

Littler Mendelson, P.C. • April 15, 2014
The California Supreme Court recently heard oral arguments in an appeal brought by a former employee who claims the lower courts incorrectly determined that his disability discrimination claim was barred because he misappropriated someone else’s Social Security number to apply for the job.
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