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HTMLFederal Contractors See Hike in SCA Health & Welfare Rates
Kevin B. McCoy; Ford & Harrison LLP;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
Executive 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...

 

HTMLFlorida Court finds Workers' Compensation Statute Unconstitutional
Bradley R. Hall; Ford & Harrison LLP;
Legal Alert/Article
August 21, 2014, previously published on August 19, 2014
Executive 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...

 

HTMLCan 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;
Legal Alert/Article
August 19, 2014, previously published on August 15, 2014
Executive 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...

 

HTMLTennessee Legislature Adds Employee Privacy Protections to "Internet Accounts"
Joshua J. Sudbury; Ford & Harrison LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
Executive Summary: Accessing information about employees and applicants via their social media accounts just got a bit more complicated in Tennessee. This past legislative session, the Tennessee General Assembly passed the "Employee Online Privacy Act of 2014" aimed at protecting...

 

HTMLNLRA Violation for Refusal to Allow Union Representation Prior to Drug Test
Jacquelyn L. Thompson; Ford & Harrison LLP;
Legal Alert/Article
August 13, 2014, previously published on August 8, 2014
Executive Summary: The National Labor Relations Board (NLRB or Board) recently held that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee who refused to take a drug test without first consulting with his union representative. See Ralphs Grocery Company and...

 

HTMLOFCCP Will Require Contractors to File Equal Pay Report
Linda Cavanna-Wilk, Karen M. Tyner; Ford & Harrison LLP;
Legal Alert/Article
August 12, 2014, previously published on August 11, 2014
Executive Summary: Implementing the President's April 2014 Memorandum directing the Department of Labor to develop a data collection tool to advance the goal of pay equity, the Office of Federal Contract Compliance Programs (OFCCP) has published a Notice of Proposed Rulemaking (NPRM) requiring...

 

HTMLExecutive Order Requires Certain Federal Contractors to Self-Report Labor Violations; Prohibits Mandatory Arbitration of Certain Discrimination and Harassment Claims
Roshni Chaudhari; Ford & Harrison LLP;
Legal Alert/Article
August 11, 2014, previously published on August 6, 2014
Executive Summary: On July 31, 2014, President Obama signed the "Fair Pay and Safe Workplaces" Executive Order ("EO"), requiring federal contractors and subcontractors bidding on contracts over $500,000 to disclose any violations that they have incurred under 14 different...

 

HTMLNLRB Moves Toward New Standard to Hold Franchisors Are Joint Employers of Their Franchisees' Employees
Frederick L. Warren; Ford & Harrison LLP;
Legal Alert/Article
August 4, 2014, previously published on August 1, 2014
Executive Summary: Over the last two years fast-food workers have engaged in walkouts and other activities protesting their wages and seeking an increase to $15/hr. Numerous unfair labor practice charges have been filed with the National Labor Relations Board (NLRB) against restaurant franchisors...

 

HTMLMust an Employer Modify its Leave of Absence Policy to Ensure Compliance with the ADA?
Paul M. Lusky; Ford & Harrison LLP;
Legal Alert/Article
July 30, 2014, previously published on July 29, 2014
Executive Summary: When is modification of a no-fault or inflexible leave of absence policy required as an accommodation under the Americans with Disabilities Act (ADA)? Although the Equal Employment Opportunity Commission (EEOC) has taken the position that, absent undue hardship, an employer must...

 

HTMLFederal Courts Issue Conflicting Decisions on Affordable Care Act Subsidies
Tiffany D. Downs; Ford & Harrison LLP;
Legal Alert/Article
July 28, 2014, previously published on July 23, 2014
Executive Summary: On July 22, 2014, two different federal appeals courts issued conflicting decisions on the availability of subsidies for health insurance purchased by individuals on Exchanges established by the federal government under the Affordable Care Act (ACA). A three-member panel of the...

 


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