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Fair Pay & Safe Workplaces Proposed Regulations Sent to OMB

Jackson Lewis P.C. • May 04, 2016
We’ve learned the Office of Management and Budget has received for consideration the proposed regulations and guidance implementing the Fair Pay & Safe Workplaces Executive Order. This is the next step in the regulatory review process and indicates the regulations and guidance are one step closer to finalization. To be clear, the documents need OMB approval before being final.

HR Intel: Uber-Anxiety over Employee Classification and Overtime

XpertHR • May 04, 2016
With the public release of the new Department of Labor rule regarding employee classification and overtime around the corner, there is a lot of uncertainty out there in the HR world. Some of the uncertainty focuses on the size of the impact – just how much will our payroll change if this goes into effect? But the primary source of uncertainty seems to be whether the DOL’s “final rule” will actually become final. We’ve heard quite a bit about the new (supposedly) “final” rule, but the process by which it becomes finalized is fairly cryptic.

Retailers Share Struggles and Strategies in Preparing for Overtime Changes

Ogletree Deakins • May 04, 2016
The proposed changes to the Fair Labor Standards Act’s (FLSA) overtime rules were a hot topic on the minds of retailers at the National Retail Federation’s Committee on Employment Law meeting, which was held on April 21–22, 2016. At the conference, Elizabeth S. Washko, Office Managing Shareholder of Ogletree Deakins’ Nashville office, moderated a panel discussion on what retail companies are doing now to prepare for the coming changes to the FLSA’s overtime regulations. On the panel with Washko were in-house counsel from four major retailers with operations throughout the United States, representing both brick-and-mortar, as well as online, retailers. Representatives from other retailers in the audience also shared their concerns and tactics. During the lively panel discussion, the presenters fielded the following questions from the moderator and shared the struggles they face as well as their strategies to handle the forthcoming regulations:

California Ruling on Website Accessibility Highlights the Need for Proactive Measures

Ogletree Deakins • May 04, 2016
Any business operating a website for use by customers or other members of the public should take heed of a recent California decision that found a retailer liable for violations of federal and state disability access laws based on a disabled individual’s inability to navigate a website using a screen reader program.

Nebraska Amends Data Breach Notification Law

Jackson Lewis P.C. • May 04, 2016
On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law. The Amendment included a variety of changes, including a regulator notification requirement and broadens the definition of “personal information” in the state data breach notification statute, Neb. Rev. Stat. §87-802 – 87-804. These amendments become effective on July 20, 2016.

Ninth Circuit Upholds Time Rounding Policy

Carothers DiSante & Freudenberger LLP • May 03, 2016
Yesterday, the Ninth Circuit issued its decision in Corbin v. Time Warner-Advance Newhouse, rejecting an employee’s claim that he was unlawfully denied compensation for hours worked due to his employer’s poilcy of rounding time entries to the nearest quarter hour. The Ninth Circuit further rejected the employee’s claim that the trial court erroneously denied class certification on the rounding claim.
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