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ten most recent federal employment law articles Ten Most Recent Federal Articles

Let it Snow: NLRB Continues Flurry of December Activity by Adopting New Arbitration Deferral Standards

Franczek Radelet P.C • December 19, 2014
With the holidays quickly approaching, the National Labor Relations Board’s union-friendly majority continues to churn out decisions that will significantly impact union and non-union employers in 2015 and beyond. Earlier this week, the Board overturned another longstanding precedent when it issued a decision adopting a new, more demanding standard before the Board will defer to an arbitrator’s decision on a contractual issue that also implicates Section 8(a)(1) and (3) unfair labor practices. In doing so, the Board abandoned a standard that it had used for 30 years.

FLSA Insurance-Adjuster Overtime Exception Buried In Appropriations Bill

FordHarrison LLP • December 19, 2014
Section 111 of the recently-enacted "Department of Labor Appropriations Act, 2015" directs that the federal Fair Labor Standards Act "shall be applied as if" there is an overtime exclusion (link to reproduction below) for certain workers who are employed to adjust or evaluate claims resulting from or relating to a major disaster. A major disaster is defined as being "any disaster or catastrophe declared or designated by any State or Federal agency or department."

FMLA Leave for Headache Effectively Converts Full-Time Position into Part-Time Position; Employers' Shrieks Heard Across the Country

Franczek Radelet P.C • December 19, 2014
This one is a real headache.

Federal Spending Bill Creates Controversy over Federal Government’s Position on Medical Marijuana

Jackson Lewis P.C. • December 19, 2014
Buried in the $1.1 trillion federal spending bill for 2015 — which Congress approved and President Barack Obama signed into law — is a measure stating that federal funds may not be used by the U.S. Department of Justice to prevent certain states from implementing medical marijuana laws. While this prohibition has been widely touted in the media as signaling a reversal of the ban on medical marijuana under federal law, it does not.

Christmas won’t be merry for these employers!

Constangy, Brooks & Smith, LLP • December 19, 2014
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!

State Department Releases January 2015 Visa Bulletin

Littler Mendelson, P.C. • December 19, 2014
The U.S. Department of State has released the January 2015 Visa Bulletin, which summarizes visa availability for individuals seeking U.S. Permanent Residence. As compared to the December 2013 Visa Bulletin, some significant movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories.

NLRB ISSUES FINAL RULE ON "QUICKIE ELECTIONS": What Employers Can Expect, and How to Prepare

Constangy, Brooks & Smith, LLP • December 19, 2014
As we alerted you last week, on Monday the National Labor Relations Board published its long-awaited final rule on so-called "quickie" or "ambush" elections. The final rule is similar, but not identical, to a prior Board attempt in 2011. The new rule will take effect April 14, 2015, but employers will need to be prepared well before the effective date.

Not Every Employee is Covered by the FLSA, But You're Not Off the Hook Just Yet

Franczek Radelet P.C • December 19, 2014
If you read this blog, attend presentations on wage and hour issues, or just shudder every time you read about another overtime or minimum wage lawsuit, you might assume that all employees are covered by the federal Fair Labor Standards Act (FLSA) and its regulations. However, in some rare circumstances, the FLSA may not cover very small and, importantly, local businesses, meaning that those businesses’ employees may not be entitled to the minimum wage or overtime pay under the FLSA. A quick warning before we start: as we have highlighted in the past, though, most states and an increasing number of local governments do not provide exemptions from state and local minimum wage laws, even for small businesses. With a very few exceptions, the fact that the FLSA does not apply only resolves one half of the question; you almost certainly still have to contend (and comply) with state and local laws, that may have different standards and penalties.

New Federal Spending Bill Includes Extensive Pension Related Provisions

Franczek Radelet P.C • December 19, 2014
Both houses of Congress recently passed and President Obama recently signed comprehensive spending legislation that includes an amendment with the provisions of the Multiemployer Pension Reform Act of 2014 (MPRA) along with a number of other pension related provisions. Much attention has been given to a controversial provision in the MPRA that allows multiemployer pension fund trustees to reduce vested benefits for active workers as well as benefits being paid to current retirees. But the broader spending bill also includes a number of other important changes that will impact both multiemployer and single employer pension plans. Some of the changes that that Congress included in the legislation are detailed below.

ACA Outlook: What Will 2015 Hold for the Affordable Care Act and Employers?

Littler Mendelson, P.C. • December 19, 2014
For many employers, the effective date of the Affordable Care Act's "play-or-pay" mandate is only weeks away. The impending deadline comes amid questions about the future—and perhaps viability—of the law itself. Entering 2015, the ACA faces challenges both in a new Republican-controlled Congress and in the Supreme Court. Yet, the political and legal uncertainty surrounding the ACA should not deter employers from ensuring they are prepared for the "play-or-pay" mandate and other upcoming requirements.