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Benefits Update (No. 4, December 2016)

Fisher Phillips • December 02, 2016
What Employers Need To Know About Mandatory Payroll Deduction Savings Programs

USDOL Appeals Last Week's Exemption Ruling

Fisher Phillips • December 02, 2016
The U.S. Department of Labor has filed its notice to appeal last week's preliminary injunction that prevented the salary-related changes in the federal Fair Labor Standards Act's "white collar" exemptions from taking effect today.

Labor Department Announces Intent to Appeal Preliminary Injunction of Overtime Regulations on the Day the Regulations Were to Become Effective

Ogletree Deakins • December 02, 2016
On December 1, 2016, the U.S. Department of Labor (DOL) filed a notice with the U.S. Court of Appeals for the Fifth Circuit announcing its intent to challenge a Texas district court’s issuance of a nationwide preliminary injunction blocking the implementation of revised overtime regulations under the Fair Labor Standards Act (FLSA). Ironically, December 1 was supposed to be the effective date for the revised regulations, which would more than double the minimum salary requirements for the FLSA’s major white collar exemptions.

Two More New Jersey Towns Pass Paid Sick Leave Ordinances

Ogletree Deakins • December 02, 2016
Citing the lack of paid sick time for private-sector workers and the goals of reducing health care expenditures and promoting a healthier and more productive workforce, the towns of Morristown and Plainfield, New Jersey, recently adopted ordinances that require private employers to provide paid sick time to employees. The Morristown ordinance (O-35-2016) took effect on October 4, 2016, and the Plainfield ordinance (MC 2016-08) took effect on July 15, 2016. Thirteen New Jersey municipalities have now enacted paid sick leave requirements: Bloomfield, East Orange, Elizabeth, Irvington, Jersey City, Montclair, Morristown, Newark, New Brunswick, Passaic, Paterson, Plainfield, and Trenton.

As Charter School Union Organizing Increases, Employers Must be Vigilant in Opposing Organizing Efforts

Jackson Lewis P.C. • December 02, 2016
In recent years, there has been an uptick in union organizing focusing on California charter schools. Traditionally, education related labor groups focused on organizing large public school districts, but with over 1,200 charter schools in California, groups like the California Teachers Association have shifted gears to try to bring unions into charter schools. Such organizing efforts often occur surreptitiously, and relatively quickly; if charter schools are not vigilant in their approach to labor groups, they can quickly be entangled in lengthy union negotiations which can divert attention from curriculum development and student growth.

Louisiana Supreme Court Bounces Out on Arbitration Clause

Ogletree Deakins • December 02, 2016
A recent Louisiana Supreme Court decision over the enforceability of an arbitration clause has the justices battling it out. Against well-established precedent favoring arbitration clauses, the court recently found that a provision in an indoor trampoline park’s participant agreement was unenforceable because it was adhesionary and lacked mutuality of consent. Duhon v. ACTIVELAF, LCC, d/b/a Sky Zone Lafayette et al., No. 2016-0810 (October 19, 2016). The case is important for Louisiana employers with arbitration agreements.
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