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|DOL Nullifies Use of Employer-Provided Wage Surveys in H-2B Program|
Otieno Ombok; Jackson Lewis P.C.;
January 30, 2015, previously published on December 11, 2014Calling the Department of Labor regulations authorizing employers to use employer-provided wage surveys for prevailing wage determinations (PWDs) for H-2B workers arbitrary and capricious, and finding that they violate of the Administrative Procedure Act, the U.S. court of appeals in Philadelphia...
|2015 New Year’s Resolutions for Employers|
General Counsel P.C.;
January 30, 2015, previously published by http://www.generalcounsellaw.com/practical-counsel-2/ on Winter 20152015 New Year’s Resolutions for Employers Review and Plan: Most employers understand that HR problems can derail a business operation. Accordingly, business owners/managers should conduct a review of 2014 HR issues/problems and develop a plan for successful 2015 HR management. Review/Update...
|Compassionate Care Leave Now Applies to Alberta|
Marco M. Baldasaro; McLennan Ross LLP;
January 30, 2015, previously published on January 31, 2014On February 1, 2014, the Compassionate Care Leave amendments to the Alberta Employment Standards Code come into effect. The amendments allow an employee to take unpaid job-protected leave of up to eight weeks to care for a seriously ill family member. As a prerequisite of leave, the employee must...
|New York’s Changing Wage Rates and Allowances Effective December 31st|
Jeffrey W. Brecher, Felice B. Ekelman, Richard I. Greenberg, Jonathan M. Kozak, Noel P. Tripp; Jackson Lewis P.C.;
January 30, 2015, previously published on December 9, 2014Effective December 31, 2014, the New York State minimum wage increases to $8.75 per hour (from $8.00 per hour).
|Dep't of Education Negotiates Groundbreaking Agreement to Resolve Website Accessibility Investigation at State University.|
Michael J. Soltis; Jackson Lewis P.C.;
January 30, 2015, previously published on December 23, 2014In March, we reported on a landmark consent decree that settled the first lawsuit filed by the U.S. Department of Justice alleging that a corporate website failed to meet standards for accessibility established by Title III the Americans with Disabilities Act (ADA). Now, the U.S. Department of...
|Employee's Admission of Off-Duty Marijuana Use Insufficient to Deny Unemployment Benefits|
Kathryn J. Russo; Jackson Lewis P.C.;
January 30, 2015, previously published on December 8, 2014An employee's admission of off-duty marijuana use was not "misconduct" sufficient to deny unemployment benefits, even if it may have been a sufficient reason for his discharge, according to an Illinois appellate court. Eastham v. The Housing Authority of Jefferson County, No. 09-MR-57...
|Heads Up - The ACA Employer Mandate Is Now In Effect: Beware of Actions that Could Result in ACA Whistleblower Liability|
Mary E. Pivec; Ford & Harrison LLP;
January 30, 2015, previously published on January 12, 2015Executive Summary: Effective January 1, 2015, certain employers became subject to the employer mandate of the Patient Protection and Affordable Care Act (ACA), and thus subject to liability under the ACA Employer Shared Responsibility provisions. Specifically, effective January 1, 2015, employers...
|Supreme Court: Security Screening Time Not Compensable under FLSA|
Paul DeCamp; Jackson Lewis P.C.;
January 30, 2015, previously published on December 10, 2014Unanimously reversing the Ninth Circuit court of appeals, the U.S. Supreme Court has held that time spent by warehouse workers undergoing security screenings was non-compensable under the Fair Labor Standards Act because that time did not constitute a “principal activity” nor was it...
|ESDC Cracking Down on Employer Non-Compliance with the Temporary Foreign Worker Program|
Lori Brienza; McLennan Ross LLP;
January 30, 2015, previously published on May 2, 2014As was widely publicized last week, effective April 24, 2014, the Honourable Jason Kenney, Minister of Employment and Social Development Canada (ESDC), directed officials to establish a moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program (TFWP). In recent...
|Miami-Dade County, Florida, to Prohibit Discrimination Based on Gender Identity and Expression|
Tasos C. Paindiris; Jackson Lewis P.C.;
January 30, 2015, previously published on December 4, 2014Miami-Dade County is set to become the 21st municipality in Florida to adopt legal protections for individuals based on gender identity and expression. County commissioners on December 2, 2014, voted 8-3 to amend the county’s human rights law (Chapter 11A of the Code of Miami-Dade County) to...