HR Alerts – Page 154

NLRB Issues Controversial Decision Redefining Joint Employer Status

September 1, 2015/in HR Alerts

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August 27, 2015

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In a 3-2 decision involving Browning-Ferris Industries of California, the National Labor Relations Board revised its standard for determining joint-employer status last Thursday, August 27, 2015.

Specifically, the Board defined an employment relationship as one where the employer either exercises control or has the right to exercise control over the work of the employee. The latter is an added factor meant to bring NLRB standards in line with existing law. Thus, in determining joint employer status, where a “user employer reserves a contractual right to set a specific term or condition of employment for a supplier employer’s workers, it retains the ultimate authority” over the employee and “legal consequences may follow from this choice.”

U.S. DOL Issues Administrator’s Interpretation on Employee Misclassification

August 11, 2015/in HR Alerts

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Immediately

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The misclassification of workers as independent contractors has been an ongoing challenge for employers and workers alike. Due to the fact that contractors lack many workplace protections—such as minimum wage or workers’ compensation rights—and that misclassification results in lower tax revenues for the government, the U.S. Dept. of Labor (“DOL”) recently released Administrator’s Interpretation No. 2015-1. This interpretation, published on July 15, 2015, provides guidance on the existing rules for classifying employees.

U.S. Dept. of Labor Publishes Proposed Revisions to FLSA Overtime Rules

July 13, 2015/in HR Alerts

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July 6, 2015

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After a months-long wait, the U.S. Department of Labor has published a Notice of Proposed Rulemaking (NPRM) regarding amendments to the Fair Labor Standards Act (FLSA) white collar overtime exemption rules. The NPRM was released on July 6, 2015, and outlines new exempt eligibility requirements.

How the Supreme Court’s Same-Sex Marriage Ruling Impacts Employers

July 1, 2015/in HR Alerts

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June 26, 2015

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On June 26, 2015, the closing of Obergefell v. Hodges resulted in a landmark decision by the U.S Supreme Court: same-sex marriages must be licensed and recognized by all states in the nation. Although 37 states had previously legalized same-sex marriage, the Supreme Court’s 5-4 decision will now have significant impact on the 13 states where same-sex marriage was not previously recognized.

Labor Code Trumps Wage Order 5, Prompting Change in California Meal Periods

June 15, 2015/in HR Alerts

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All California Employers

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February 10, 2015

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There are a number of laws setting down rules on the length and timing of employee meal breaks. Thanks to a suit brought by three healthcare workers in Orange County, California, the provisions of Wage Order 5, set forth by the Industrial Welfare Commission (IWC), have been invalidated by the CA Labor Code Sections 512(a) and 516.

Deadline for California Employers to Update CFRA “Notice B” Approaching

June 11, 2015/in HR Alerts

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California Employers with 50 or more Employees

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July 1, 2015

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On July 1, 2015, the “Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave” notice becomes effective. California employers with over 50 employees must post this notice in a visibly conspicuous area on company property. Published by the California Dept. of Fair Employment and Housing, this new “Joint Notice” effectively acts as an update to the “Notice B” poster released in November of 2012.

Preparing for New Paid Sick Leave Law – Notice and Record Requirements

June 10, 2015/in HR Alerts

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All California Employers

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June 10, 2015

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Many employers are aware that California’s new mandatory paid sick leave requires changes in their practices, but are not quite sure of the full extent of the requirements they must meet to be compliant with the law. With the July 1, 2015 deadline for employers to begin providing paid sick leave benefits fast approaching, employers should be aware of the regulations regarding posting, notice, and recordkeeping.

EEOC Proposes Rule on Interpretation of ADA for Employer Wellness Programs

May 12, 2015/in HR Alerts

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April 20, 2015

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The U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking (NPRM) on April 20, 2015, effecting the application of the landmark Americans with Disabilities Act (ADA) to employer wellness programs.

Changing Climate Requires Greater Planning for Occupational Heat Exposure

April 13, 2015/in HR Alerts

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April 1, 2015

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Average global temperatures have risen all across the United States. Seven of the top 10 hottest years in the United States have occurred since 1998. As record-breaking high temperatures and blistering heat waves increase, it has become crucial for employers to plan for occupational heat exposure sooner in the season rather than later.

How to Handle Religious Holiday Requests

March 13, 2015/in HR Alerts

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March 1, 2015

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With spring comes many religious holiday observances likely to affect your business. How would you handle an employee’s request to have Good Friday or Passover off?