Document(s) published by this organization: 96
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|Restaurant Franchisors Targeted by NLRB and DOL for Claims They are Joint Employers of Franchisees' Employees|
L. Grant Close, David A. Prather; Ford & Harrison LLP;
September 29, 2014, previously published on September 26, 2014Restaurant franchisors are facing efforts from both the National Labor Relations Board (NLRB) and the U.S. Department of Labor (DOL) to make them joint employers of franchisees' employees. The Board's efforts have caught the attention of Congress where a House subcommittee held a hearing on the...
|OSHA Announces Final Rule Changing List of Establishments Required to Keep Records and Reporting of Work-Related Injuries|
Frederick L. Warren; Ford & Harrison LLP;
September 23, 2014, previously published on September 16, 2014Executive Summary: On September 11, 2014, the Occupational Safety and Health Administration (OSHA) announced a final rule changing the list of establishments required to keep records and reporting of work-related injuries. The new rule goes into effect January 1, 2015.
|Business Associate Agreements May Require Amendment|
Jeffrey S. Ashendorf; Ford & Harrison LLP;
September 4, 2014, previously published on September 3, 2014The Omnibus Final Rule (the "Omnibus Rule") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), was issued in January, 2013 effective March 26, 2013, but with a general compliance deadline of September 23, 2013. Compliance with the Omnibus Rule...
|Coerced Arbitration Agreement Not Enforceable in FLSA Collective Action|
John F. Allgood; Ford & Harrison LLP;
August 28, 2014, previously published on August 26, 2014Executive Summary: The Eleventh Circuit has affirmed a district court's decision denying an employer's motion to compel the arbitration of a Fair Labor Standards Act (FLSA) collective action, finding that the court's decision was within its authority to manage such actions. The arbitration...
|Federal Court Rules that Minnesota Drug Testing Law Does Not Apply to Employment Outside of Minnesota|
Andrew E. Tanick; Ford & Harrison LLP;
August 27, 2014, previously published on August 21, 2014Executive Summary: Employers with operations in multiple states have long known that Minnesota has the most restrictive drug and alcohol testing law in the country. To make matters more difficult for employers, the Minnesota law, by its terms, applied to any employer that "did business"...
|Employees in Maryland Can Now Get Treble Damages for Overtime Claims|
Paul M. Lusky; Ford & Harrison LLP;
August 27, 2014, previously published on August 22, 2014Executive Summary: On August 13, 2014, the Maryland Court of Appeals held in Peters v. Early Healthcare Giver, Inc. that unpaid overtime wages are recoverable under the Maryland Wage Payment and Collection Law (MWPCL or "Wage Payment Act"). The ruling increases the potential liability for...
|OFCCP Publishes Directive on Gender Identity and Sex Discrimination|
Linda Cavanna-Wilk, Karen M. Tyner; Ford & Harrison LLP;
August 27, 2014, previously published on August 21, 2014Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has published a Directive on Gender Identity and Sex Discrimination (DIR 2014-02). The Directive clarifies that agency guidance on discrimination on the basis of sex under Executive Order 11246 includes gender identity...
|Florida Court finds Workers' Compensation Statute Unconstitutional|
Bradley R. Hall; Ford & Harrison LLP;
August 21, 2014, previously published on August 19, 2014Executive Summary: Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy available to injured workers, their...
|Federal Contractors See Hike in SCA Health & Welfare Rates|
Kevin B. McCoy; Ford & Harrison LLP;
August 21, 2014, previously published on August 18, 2014Executive Summary: On July 22, 2014, the U.S. Department of Labor (DOL) issued its annual memorandum announcing that, pursuant to 29 C.F.R. Section 4.52, the prevailing hourly health and welfare fringe benefit rates under the McNamara-O'Hara Service Contract Act (SCA) were increasing from $3.81...
|Can You Hear Me Now: Employers in California Must Reimburse Employees for Mandatory Work-Related Calls on Personal Cell Phones|
Heath H. Edwards, Allison Vasquez; Ford & Harrison LLP;
August 19, 2014, previously published on August 15, 2014Executive Summary: A California Appeal Court has held that employees are only required to show that they were required to use their personal cell phone for work-related calls to be entitled to reimbursement under California Labor Code § 2802. In reaching this conclusion, the appeal court held...