A Decision On the Defense of Marriage Act is On the Horizon
The Defense of Marriage Act (DOMA) has been on the radar this week in light of the U.S. Supreme Court arguments in Hollingsworth v. Perry (oral argument), and in United States v. Windsor (oral...
View ArticleUnexpected Facility Closures and Employee Wages: Does Your Company Have an...
Our thoughts and prayers are with the Boston community and all those who have been touched by the Boston marathon tragedy. This tragedy has raised questions about unexpected business closures that...
View ArticleFinal Rules Issued for Employment-Based Wellness Plans
On Wednesday, May 29, 2013, the U.S. Departments of Health and Human Services, Labor and the Treasury jointly released final rules on employment-based wellness programs. The final rules support...
View ArticleThe U.S. Supreme Court Clarifies the Definition of “Supervisor” for Purposes...
On June 24, 2013, the Supreme Court decided the case of Vance v. Ball State University, No. 11-556 (U.S. June 24, 2013), and clarified the definition of “supervisor” for purposes of holding employers...
View ArticleDOL Announces Rules to Improve Employment of Veterans and People with...
On August 27th, the U.S. Department of Labor announced two final rules to improve hiring and employment of veterans and for people with disabilities. One rule updates requirements under the Vietnam Era...
View ArticleIRS Issues Guidance Recognizing Same-Sex Marriages
The impact of United States v. Windsor, No. 12-307 (U.S. June 26, 2013), a case we reported on in an earlier post is far reaching and left many unanswered questions about same-sex spousal benefits....
View ArticleRunning Down Agency Contingency Plans During the Federal Government Shutdown
The unfortunate news of last week – the federal government shutdown – continues and the operating status of the government remains unpredictable. Contingency plans for all federal government agencies...
View ArticleBreakind Down the Impact of NLRB General Counsel Richard Griffin’s Appointment
The U.S. Senate recently appointed Richard Griffin to be the National Labor Relations Board’s general counsel. The significance of this appointment should not be overlooked. The general counsel is...
View ArticleNew Online OSHA Complaint Filing Process Now Active for Whistleblowers
OSHA recently announced its new online complaint filing process for whistleblowers making it easier to file complaints against manufacturers on a 24-hour basis. OSHA’s Whistleblower Protection Program...
View ArticleYear-End Legal Reminders for Manufacturers and Distributors
As we approach the end of 2013, here is a list of legal reminders that we often think about with respect to our manufacturing/distributing clients. Pam (OSHA/Environmental): Resiliency – This will be...
View ArticleLooking Forward to 2014 for Manufacturers – Part II
My labor and employment watchlist for 2014 includes compliance with wage and hour issues and projected FLSA rulemaking, practices and policies involving LGBT individuals, and new OFCCP regulations...
View ArticleContinued EEOC Scrutiny Over Inflexible Leave Policies
Based on recent 2014 reports, the EEOC is continuing its trend of pursuing lawsuits against large employers who have allegedly violated the Americans with Disabilities Act (ADA) by failing to provide...
View ArticleNLRB Proposes Rules to Provide More Employee Information to Unions and to...
On February 4th, the National Labor Relations Board (NLRB) announced revisions to certain labor representation rules that would significantly impact both nonunionized and unionized manufacturers....
View ArticleHow Safe Are Your Trade Secrets?
In today’s competitive marketplace trade secrets are an organization’s most valuable asset. The only way to ensure protection of a trade secret is to keep the information confidential. Are you taking...
View ArticleSeverance Pay, Connecticut Minimum Wage Hike and Employee Background Checks
Some quick hits this week on the employment front for manufacturers. U.S. Supreme Court Rules Severance Pay Is Taxable The U.S. Supreme Court ruled this week that employers must pay Social Security and...
View ArticleTemporary Workers: Properly Sharing Control is Key to the Relationship
Manufacturers are increasingly using temporary employees (“temps”) to supplement the work force. The Bureau of Labor Statistics reports that the temporary workforce has increased exponentially....
View ArticleRacial Harassment in the Workplace: What is the Appropriate Response?
By now, almost everyone has heard about the atrocious racist rant by Donald Sterling, the owner (soon to be former owner) of the Los Angeles Clippers. Sterling’s public reaction to these comments...
View ArticleWhat is Compensable “work” Time for Purposes of Calculating Employee Pay?
Actual productive labor is what a manufacturer may think is “work”. No work, no pay. However, courts have interpreted federal and state wage and hour laws much more broadly. In general, a...
View ArticleExpansion of the Joint Employer Standard May Challenge Manufacturers
In this installment of the blog’s 360, I am going to spin off the temporary employee discussion and address the joint employer relationship. Joint employment has certainly been a big Mcissue for...
View ArticleEmployee Separation Agreements: Is Your Company’s Agreement a Target for the...
When manufacturers determine that it is necessary to let go of an employee there is often an assessment of risk and a decision about whether a severance package should be offered in exchange for a...
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