California legislature passed S.B. 1162 and is currently waiting for the Governor’s signature, creating new obligations for California employers by amending the earlier pay reporting requirements.
A recent article published in CCH HRAnswersNow Expert Insights looks at the issue of FMLA coverage for remote workers. In this case, a person worked from their home which was well outside what could be reasonably considered within the coverage area of the FMLA.
Yesterday, the National Labor Relations Board (NLRB) issued new proposed rulemaking that eliminates the “direct and immediate” control specification in the 2020 rules and adopts a broader rule that finds joint employment if the employers “share or co-determine” essential job terms and conditions. The rule proposal was passed with two board members dissenting.
Earlier this year, the OFCCP released Directive 2022-01: Advancing Pay Equity Through Compensation Analysis. There was a lot of controversy over the directive, both with respect to expected analysis and analysis to be submitted when a compliance officer requested it. For the latter, the agency generated discord in the compliance sector, because it was seemingly saying attorney/client privilege can be overturned by the agency.
Of the five major Fair Labor Standards Act (FLSA) exemptions (there are close to 21 other FLSA industry or job exemptions) one of the most misunderstood and misused is the Administrative Exemption.
A new case has been filed in the Northern District of Texas which could upend the Fair Labor Standards Act law (FLSA). The new case attacks the two-prong approach of the U.S. Department of Labor of establishing exempt employee thresholds using a salary hurdle test and then the duties test.
It has seemed at least to people that track labor issues that the National Labor Relations Board (NLRB) has been on quite a roll favoring unions across the United States. The NLRB with its Democrat appointed Board majority and its very pro-labor agenda is working diligently to change interpretation of the National Labor Relations Act (NLRA) at every turn, including the major issue of joint employment status.
On Friday, Michigan Court of Claim Judge Douglas Shapiro issued a stay order in response to appeals filed by the State of Michigan. The stay was on his ruling two weeks ago holding that the method used by the Michigan Legislature to adopt and amend those laws was unconstitutionally conducted. In staying his ruling, the Judge stated there were “justified concerns” about employer’s ability to accommodate the changes so quickly.
Yesterday, Michigan Court of Claims ruled that the current Michigan Minimum Wage and Paid Sick Leave laws passed by an “adopt and amend” strategy in 2018 were not properly enacted pursuant to Michigan’s constitution.
Over one in four employers is exploring the expansion of covered abortion services, according to a new report from the International Foundation of Employee Benefit Plans. The Post-Dobbs Employer Coverage: July 2022 Pulse Survey revealed current abortion coverage offerings and future considerations. When asked about making changes to current coverage for abortion services, employers responded with the following:
As more and more states are legalizing the use of marijuana for medical use, recreational use, or both, employers are facing more challenges with maintaining workplace safety while avoiding the pitfalls of laws that are employee friendly to users of marijuana.
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