Tag: department

Recordkeeping: The Often Overlooked Element of FMLA Compliance

Most employers grapple with the better-known aspects of the Family and Medical Leave Act (FMLA), such as determining whether an employee’s illness constitutes a serious medical condition, obtaining required certification or providing adequate coverage for workers on intermittent leave. All too often employers focus on the leave itself and breathe a sigh of relief when notice … Continue Reading

More Federally Mandated Wallpaper: Federal contractors must post a notice of employee rights under the National Labor Relations Act

  Once again, employers are being given an old line: we are from the federal government and we’re here to help you . . . with your office decorating. Shortly after his inauguration, President Obama issued Executive Order 13496 (the “Order”). The Order directed that all federal contractors post a notice to their employees advising the employees of their … Continue Reading

Federal Government to Crack Down on Misclassified “Independent Contractors?”

It’s always risky to misclassify someone who should be an employee as an "independent contractor," but President Obama’s 2011 budget proposal will increase the risks for employers.  According to this budget summary from the U.S. Department of Labor, the misclassification of employees as contractors is estimated to cost the Treasury Department over $7 billion in lost payroll … Continue Reading

President Obama Signs Expansion of FMLA Leave for Military Families

Earlier this week, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (NDAA), a federal law that is enacted each fiscal year to specify the budget and expenditures of the United States Department of Defense.  This year, the NDAA contains two expansions of the exigency and caregiver leave provisions for military families under the Family … Continue Reading

California DLSE Reverses Itself Regarding Schedule and Salary Reductions for Exempt Employees

The California Department of Labor Standards Enforcement (DLSE) has issued an opinion letter in which it concludes that California law does not prohibit an employer from temporarily reducing the work schedule of an exempt employee from five days a week to four days a week, and correspondingly reducing the employee’s salary by 20 percent.  The … Continue Reading

DOT Reinstates Observed Urination Drug Testing Rule for Safety-Sensitive Positions

Yesterday the Department of Transportation (DOT) reinstated its rule that employers must conduct observed urination drug testing for all return-to-duty and follow-up tests for transportation workers in safety-sensitive positions.  The new regulations will apply to workers in safety-sensitive positions in the aviation, motor carrier, rail, transit, maritime, and pipeline industries.  Click here to read the … Continue Reading

New Website for Disability Information

The Department of Labor’s Office of Disability Employment Policy today launched a new website that may be of use to employers seeking information on how to accommodate a disabled worker.  At www.disability.gov an employer can research the applicable law and regulations, get ideas for appropriate reasonable accommodations, and locate additional resources.  For example, clicking here will … Continue Reading

Another Circuit Court Agrees: ADA Amendments Act is Not Retroactive

Congress did not intend for the ADA Amendments Act (ADAAA) to be retroactive, the Court of Appeals for the District of Columbia ruled yesterday, and applied pre-ADAAA law to dismiss an employment discrimination claim.  Click here to read the court’s decision in Lytes v. DC Water and Sewer Authority.  Congress passed the ADAAA in 2008 and the new … Continue Reading

Federal Minimum Wage Increases to $7.25 Effective July 24

Employers take note:  the federal minimum wage increases to $7.25 per hour effective July 24, 2009.   For more information, check out the Department of Labor’s Fair Labor Standards Act site.  Of course, many states also have minimum wage laws, an where an employee is subject to both state and federal minimum wage laws, the employee is entitled … Continue Reading

Another Day, Another E-Verify Delay

It seems like just a couple days ago that we reported that implementation of the E-Verify System was delayed until June 30.  Actually, it was a couple days ago.  Well, you can forget that; the The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) has announced that it will delay mandatory use of E-Verify, this … Continue Reading

E-Verify Delayed Yet Again!

Still another delay for implementation of the mandatory E-Verify system for federal contractors. The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) announced for a third time that it will delay mandatory use of E-Verify, this time until June 30, 2009.  Click here to read the USCIS’s press release on the delay.  Click here for the … Continue Reading

DOL Issues FAQs on COBRA Subsidy

The Department of Labor’s Employee Benefits Security Administration has posted answers to 10 frequently asked questions regarding the COBRA subsidies included in the new stimulus package.  Most relate to individual claims for the subsidy, but the information may be helpful to employers as well. For more information about the subsidy, click here to read our coverage … Continue Reading

E-Verify Delayed (Again) Until May 21

Another delay for implementation of the mandatory E-Verify system:  The Department of Homeland Security’s Citizenship and Immigration Services announced today that it will delay mandatory use of E-Verify until May 21, 2009.  Click here to read DHS’s press release.  Why the delay?  The Obama Administration wants additional time to review this and other rules that … Continue Reading

Time Out for E-Verify: Mandatory Use Rule Suspended Until February 20

Federal contractors take note:  the rule requring mandatory use of the E-Verify system has been suspended until at least February 20, 2009.   As previously reported in the Stoel Rives World of Employment, President Bush’s executive order would make using E-Verify mandatory starting January 15, 2009 for federal contractors with projects exceeding $100,000 and for sub-contractors with projects … Continue Reading

Obama Nominates Rep. Hilda Solis as Labor Secretary

Today’s New York Times is reporting that President-Elect Barack Obama will nominate California Representative Hilda Solis as his administration’s Secretary of Labor, the cabinet-level position that oversees the Department of Labor. John Sweeney, head of the AFL-CIO (a coalition of labor unions) praised the appointment of Solis to the position.  And not without good reason:  Solis has … Continue Reading

DOT Issues Final Rule on Commercial Drivers’ Hours

On November 19, the Department of Transportation‘s Federal Motor Carrier Safety Administration published a final rule on commercial drivers’ hours.  The key provisions: commercial motor vehicle drivers may continue to drive up to 11 hours within a single workday; and drivers may now reset their weekly limits after they have been off duty for at least 34 … Continue Reading

New Federal Legislation Would Penalize Employers’ Use of “Independent Contractors”

The U.S. Congress is currently considering legislation that would impose significant penalties on employers who improperly classify employees as "independent contractors" to avoid paying for benefits.  The Employee Misclassification Prevention Act (S. 3648) was introduced in the Senate on September 29, and is sponsored by Senators Edward M. Kennedy (D-Mass.), Barack Obama (D-Ill.) and John Kerry (D-Mass.).   … Continue Reading
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