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OSHA Creates New Early Resolution Process for Resolving Whistleblower Complaints

XpertHR • September 02, 2015
The Occupational Safety and Health Administration (OSHA) has issued new policies on the process for resolving whistleblower complaints. The new policies are intended to create an early resolution process as part of a regional alternative dispute resolution (ADR) program.

Another EEO-1 Filing Rule Change

Jackson Lewis P.C. • September 02, 2015
As we previously reported, the annual EEO-1 Reporting portal has opened and along with it some changes to the reporting requirements. Probably the most impactful change is the new requirement that companies may no longer file more than one EEO-1 report for the same address if the North American Industrial Classification System Code (NAICS) is the same for more than one of the entities. In other words, if your company has multiple entities at the same address and those entities, while legally distinct, engage in the same services, activities or product development you must now file a single consolidated report. For companies with complex organizational structures and/or significant acquisitions, this will require detailed review and assessment of your filings.

DOL: Comment Period Closed For Proposed Final Rule

Jackson Lewis P.C. • September 02, 2015
n a letter to Congress, Wage-and-Hour Administrator David Weil yesterday stated that the Department would not extend the 60-day comment period for providing feedback regarding the Department’s proposed rule, indicating that “a comment period of this length . . . will meet the goal . . . of ensuring Department has level of insight from the public needed.”

Virginia Shooting Tragedy: What Employers Need to Know

Goldberg Segalla LLP • September 02, 2015
On August 26, 2015, Vester Lee Flanagan, II shot and killed Alison Parker and Adam Ward, two Roanoke, Virginia journalists. Much has been — and will continue to be — written regarding this incident from the perspective of how it relates to gun control, mental health, or race relations. While this incident is extreme and tragic, workplace violence is not uncommon. Employers must assess the preventative measures they have in place and their disaster readiness in order to minimize the likelihood and impact of violence in the workplace.

Comment Period Will Not Be Extended

Fisher & Phillips LLP • September 02, 2015
There will be no extension of the original 60-day period for commenting on the U.S. Labor Department's proposals and requests relating to the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. U.S. Wage and Hour Administrator David Weil has so notified members of the House of Representatives and the Senate (see below for a link to a copy of Dr. Weil's letter to the House Committee on Education and the Workforce).

The NLRB Goes Back to Church (Schools), Gets Entangled

Ogletree Deakins • September 02, 2015
In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction over religiously-affiliated colleges and universities—allowing unions to organize those institutions’ employees—following the NLRB’s decision last year in Pacific Lutheran University.

At Will? What’s That?

Ogletree Deakins • September 02, 2015
Did you know that employees in most countries outside the United States have a contractual right to continued employment, whether or not they have written contract? If an employer does not provide an employee with a written contract, rights will be implied at law to the advantage of the employee and disadvantage of the employer. In some countries, employers are required by law to provide employees with written contracts or they can be penalized. American employers often do not realize that offer letters—no matter how much “at-will” language is included in them—may constitute employment contracts, albeit without all the bells and whistles that should be included to protect the company. Moreover, once an offer letter is signed, it may be too late to make changes.

Are Your Contractors Actually Employees? DOL Says Probably Yes

Fisher & Phillips LLP • September 02, 2015
Last month, the U.S. Department of Labor (USDOL) issued an Administrator's Interpretation aimed at addressing what it characterizes as the “problematic trend” of employers misclassifying workers as independent contractors rather than employees. In issuing this guidance, the USDOL sent a signal that reviewing employers’ use of independent contractors will be an enforcement priority. In other words, hospitality businesses: consider yourself warned.

Proposed OT Regulations Will Hit Hospitality Industry Hard

Fisher & Phillips LLP • September 02, 2015
At long last, the anxiously awaited proposed changes to the regulations defining federal wage and hour law have been published by the U.S. Department of Labor (USDOL). The changes, if adopted, would impact the determination of which of your employees has to be paid overtime. These regulations will sharply reduce the number of workers across the country who are exempt from OT pay and will work to give many employees a raise in pay.

eLABORate: EEO-1 Filing Deadline Approaching

Phelps Dunbar LLP • September 02, 2015
The deadline for designated employers to file their annual Employer Information Report (“EEO-1”) with the Equal Employment Opportunity Commission (“EEOC”) is September 30, 2015.

NLRB Changes the Standard for Joint Employer Status, Potentially Impacting the Operations of Many Employers

Vedder Price • September 02, 2015
On August 27, 2015, the National Labor Relations Board (NLRB) announced the anticipated changes to its rules for holding companies liable as "joint employers." For employers who utilize temporary labor or who have outsourced work functions to third parties but retained some degree of oversight or control over those third parties, the decision creates new risks that they will be drawn into union bargaining relationships and labor disputes that had been the sole responsibility of their outside labor providers.

Airline Industry Alert: Court Finds Federal Law Preempts State Drug-Testing Law as Applied to Flight Attendant

FordHarrison LLP • September 02, 2015
Executive Summary: In a decision that is good news for airline employers, a federal trial court in Minnesota has held that the state drug-testing statute, which prohibits discharging an employee the first time the employee fails a drug test, is preempted by federal law and the Federal Aviation Administration's (FAA)'s drug testing regulations. See MN Airlines v. Levander (Dist. Minn. August 28, 2015).

Virginia News Tragedy: Prevention & Readiness for Workplace Violence

Goldberg Segalla LLP • September 02, 2015
Reportedly, more than 1,700,000 workers are injured annually as a result of workplace violence. We were recently reminded that disgruntled employees can be deadly. On August 26th, Vester Lee Flanagan, II murdered two of his former colleagues during a live news segment before taking his own life. This tragedy provides an opportune backdrop for employers to reassess preventative measures in place and disaster readiness in order to minimize the likelihood and impact of violence in the workplace.

New Exception to the Illinois Minimum Wage Law

Franczek Radelet P.C • September 02, 2015
The Illinois Minimum Wage Law (IMWL) generally provides that non-exempt employees must be paid one-and-one-half times their regular rate of pay for all hours worked over 40 in a workweek. However, on July 10, 2015, Governor Rauner signed legislation amending the IMWL as it pertains to public employees who are members of a bargaining unit recognized by the Illinois Labor Relations Board.
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