http://www.elinfonet.com/ Employment Law Articles covering topics from age discrimination to WARN. Thu, 07 Aug 2008 19:08:42 EST en-us http://www.elinfonet.com/newscount.php?popID=7190 Article: 7190 Thu, 07 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On July 28, 2008, the Department of Labor issued proposed revisions to regulations under the Fair Labor Standards Act of 1938 (FLSA) and the Portal-to-Portal Act of 1947 (Portal Act). The purpose of the proposed revisions is to clean up regulations that have become out-of-date in light of subsequent legislation and court decisions. The Department has determined that the proposed changes will not result in any additional compliance costs and will simply enhance the Department's enforcement of, and the public's understanding of, compliance obligations under the FLSA by replacing the outdated regulations with updates that better reflect current law. http://www.elinfonet.com/newscount.php?popID=7189 Article: 7189 Thu, 07 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) More than eight million regulated workers in the transportation and pipeline industries will face more stringent drug testing collection procedures when new federal transportation regulations go into effect August 25, 2008. The new rules, which are included in and modify 49 C.F.R. Part 40, address "specimen validity" and seek to deal with what appear to be widespread efforts by workers to "beat" drug tests. http://www.elinfonet.com/newscount.php?popID=7188 Article: 7188 Thu, 07 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Union Button Not Disturbing; Where Objective Evidence Supports Loss Of Majority Status, The Employer Prevails Absent Rebuttal Evidence By General Counsel; More E-Mails From The NLRB; Not At My House!; Owner Personally Liable For Back Pay; Labor Board Rolls Along With Only Two Members; SEIU Update. http://www.elinfonet.com/newscount.php?popID=7183 Article: 7183 Wed, 06 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employers often face a business decision about how to treat a particular worker or group of workers: Are the individuals independent contractors or employees? Often, the independent contractor classification is attractive to employers because it affords certain flexibility. However, there are a number of factors that must be considered when deciding how to classify workers. http://www.elinfonet.com/newscount.php?popID=7182 Article: 7182 Wed, 06 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The House of Representatives has passed the Paycheck Fairness Act by a vote of 247-178. If enacted, the legislation would significantly alter key provisions of the Equal Pay Act of 1963 ("EPA"), which amended the Fair Labor Standards Act of 1938 ("FLSA") to "prohibit discrimination on account of sex in the payment of wages by employers." http://www.elinfonet.com/newscount.php?popID=7181 Article: 7181 Wed, 06 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Many employers assume – incorrectly – that they can avoid all discrimination claims by simply treating everyone exactly the same and making no exceptions. While that approach will keep you out of most discrimination problems, it can still result in claims of religious discrimination. Here's why. http://www.elinfonet.com/newscount.php?popID=7180 Article: 7180 Wed, 06 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Dealers across the country have been receiving letters from the EEOC pointing out that they have failed to file their EEO-1 Report ("Employer Information Report") last year and reminding them that they are required by law to file the report by September 30 of this year and annually thereafter. Many dealers have no idea what the EEOC is talking about. http://www.elinfonet.com/newscount.php?popID=7179 Article: 7179 Tue, 05 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Family and Medical Leave Act (FMLA) makes it unlawful for any employer to interfere with an employee’s rights under that Act. Although the Act itself does not address situations in which multiple entities may be viewed as “joint-employers” for purposes of the FMLA, the Department of Labor (DOL) has issued regulations setting out situations in which joint-employer liability may be found. http://www.elinfonet.com/newscount.php?popID=7178 Article: 7178 Tue, 05 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The U.S. Supreme Court recently held that if an employer wants to defend an age discrimination claim by asserting that the decision was based on "reasonable factors other than age," the employer has the obligation to prove this to the judge or jury hearing the case. The ruling did not come as a major surprise to most employment lawyers, but is considered to be a victory for workers. http://www.elinfonet.com/newscount.php?popID=7177 Article: 7177 Tue, 05 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employers should be aware of two key developments in the wage and hour arena - a federal minimum wage hike (effective July 24, 2008) and an increase in civil penalties for child labor law violations (effective May 21, 2008). Below is a brief summary of each of these developments.