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HTMLProtecting Small Businesses: President Obama Signs PACE Act to Limit Definition of "Small Employer"
Caroline J. Berdzik, Jennifer M. Mannion; Goldberg Segalla LLP;
Legal Alert/Article
October 30, 2015, previously published on October 12, 2015
On October 8, 2015, President Obama signed the Protecting Affordable Coverage for Employees (PACE) Act, which will block the scheduled expansion of the definition of “small employer” under the Affordable Care Act (ACA). PACE, which was passed by a rare unanimous vote in the Senate, will...

 

HTMLCalifornia Strengthens Current Equal Pay Law - Is This Fair Warning to Employers in Other States?
Caroline J. Berdzik, Michael Rubin; Goldberg Segalla LLP;
Legal Alert/Article
October 26, 2015, previously published on October 19, 2015
With the recent passage of the California Fair Pay Act, California strengthened its existing equal pay law by requiring employers pay men and women the same for not only “equal work,” but also for “substantially similar work.” As a result, employees may now challenge the...

 

HTMLBunkers in Baghdad Reaches Newest Milestone, Sends 400,000th Golf Club to Soldiers Overseas
Goldberg Segalla LLP;
Legal Alert/Article
September 28, 2015, previously published on September 22, 2015
Named a Top-Rated Nonprofit for the last three years by GreatNonprofits, Bunkers in Baghdad has reached a new milestone: sending its 400,00th golf club to soldiers overseas. Founder Joseph M. Hanna announced the news on the heels of receiving a grant from the NFL’s Buffalo Bills. In just the...

 

HTMLU.S. Department of Labor and Vermont Department of Labor Sign Agreement to Prevent Misclassification of Workers
Caroline J. Berdzik, David E. Leach; Goldberg Segalla LLP;
Legal Alert/Article
September 21, 2015, previously published on September 18, 2015
The United States Department of Labor has signed a three-year Memorandum of Understanding (MOU) with the Vermont Department of Labor that is designed to protect employees’ rights by preventing their misclassification as independent contractors or other non-employee statuses. According to the...

 

HTMLVirginia Shooting Tragedy: What Employers Need to Know
Dove A. E. Burns, Stacey L. Pitcher; Goldberg Segalla LLP;
Legal Alert/Article
September 2, 2015, previously published on September 1, 2015
On August 26, 2015, Vester Lee Flanagan, II shot and killed Alison Parker and Adam Ward, two Roanoke, Virginia journalists. Much has been — and will continue to be — written regarding this incident from the perspective of how it relates to gun control, mental health, or race relations....

 

HTMLNational Labor Relations Board Expands Joint Employer Status
Sean P. Beiter, Caroline J. Berdzik, Melissa M. Ferrara; Goldberg Segalla LLP;
Legal Alert/Article
September 1, 2015, previously published on August 31, 2015
In a 3-2 decision along party lines on Thursday, the National Labor Relations Board (NLRB, or Board) dealt a significant blow to fast food restaurants and other businesses that rely on the franchisee model as well as those organizations that utilize staffing agencies to supply their workers. In...

 

HTMLCircuit Courts Are Split on Applying the FLSA "Manager Rule"
Dove A. E. Burns, Stacey L. Pitcher; Goldberg Segalla LLP;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
The extent to which employees who are responsible for investigating or resolving discrimination complaints are protected from retaliation is still up for debate. State and federal discrimination statutes prohibit retaliating against employees who engage in activity pursuant to the same statutes. If...

 

HTMLD.C. Court of Appeals Backs DOL Reversal of Long-Standing Overtime Exemption for Home Care Agency Workers
Caroline J. Berdzik, Michael S. Katzen; Goldberg Segalla LLP;
Legal Alert/Article
August 25, 2015, previously published on August 25, 2015
Until recently, the U.S. Department of Labor (DOL) had long interpreted the federal Fair Labor Standards Act (FLSA) as exempting companionship-services workers and live-in domestic service workers employed by third-party employers (i.e., “home care agencies”) from the FLSA’s...

 

HTMLNLRB Dismisses Northwestern Football Players' Organizing Petition
Sean P. Beiter, Caroline J. Berdzik; Goldberg Segalla LLP;
Legal Alert/Article
August 20, 2015, previously published on August 19, 2015
A unanimous decision on Monday by the National Labor Relations Board (NLRB) ended the Northwestern University scholarship football players’ bid to unionize — without addressing the key issue that has plagued collegiate athletics for so many years: whether college athletes are employees...

 

HTML"Demystifying the Process of Contesting an OSHA Citation," IndustryWeek
Michael Rubin; Goldberg Segalla LLP;
Legal Alert/Article
August 11, 2015, previously published on July 21, 2015
“The decision to contest an OSHA citation should never be made lightly. Indeed, many factors might be relevant to the decision-making process,” writes Michael Rubin, a partner in Goldberg Segalla’s OSHA and Worksite Safety Practice Group, in an article he wrote for the July 21,...

 


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