Category: Employment Law

A Busy Year for the California Legislature; And Now Employers Must Come Up to Speed

California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws.  Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]

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Administration Proposes FLSA Coverage for Home Health Aides

By Liza Casabona In a long anticipated move, the Department of Labor today proposed extending coverage under the Fair Labor Standards Act to 1.79 million workers providing in-home care services to the elderly and infirm. Workers categorized as “companions” are currently exempt from the minimum wage and overtime protections of the Fair Labor Standards Act. […]

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No Kidding: Chuck E. Cheese Fined for Child Labor Breach

The San Jose Mercury ran an interesting piece recently about a wage and hour audit at the family pizza chain, Chuck E. Cheese. You might recall from ads that the company boasts that at Chuck E. Cheese, a “kid can be a kid.” What the Merc tells us is, the Chuckster not only likes to […]

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$1 M in back wages recovered for NJ gas station workers

A multi-year investigation by the United States Department of Labor into violations of wage and hour laws by New Jersey gas stations has found “consistent and widespread noncompliance,” according to agency officials. The investment action recovered more than $1 million in back wages for 295 workers. In an agency statement, DOL Secretary Hilda L. Solis […]

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Bill Would Require Minimum Wage in Sheltered Workshops

For more than 70 years, the Fair Labor Standards Act has allowed employers to pay some workers with physical or mental impairments less than the federal minimum wage. H.R. 3086, introduced by Cliff Stearns (R-Fla.), Tim Bishop (D-N.Y.) and Gregg Harper (R-Mo.) earlier this fall, would change that. HR 3086 would phase out special wage […]

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10-Year-Old Blueberry Picker Proves Costly for Employer

Federal investigators fined an Arkansas farm $8,000 for illegally hiring a 10-year old to pick blueberries and for other wage and hour violations . The Labor Department also has recovered $1,160 in back wages for four of the farm’s workers. “The laws and regulations for vulnerable young workers are very specific, and employers in violation […]

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HHS Kicks Off HITECH Privacy Audits

A wave of HIPAA privacy audits far more comprehensive than anything attempted to date was officially launched Nov. 8 by the U.S. Department of Health and Human Services (HHS). While their official purpose is not enforcement, these audits are likely to cast a broader net than HHS scrutiny has to date — including possibly group […]

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Employer Fears Lead to Discrimination Against Disabled Workers, Agency Charges

Employers need more guidance on their responsibilities under the ADA Amendments Act, according to the National Council on Disability, an independent federal agency. “NCD’s stakeholders consistently list discrimination as one of the primary barriers keeping them out of the workforce,” according to a progress report released by the NCD in October. Because of employers’ fears […]

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Agribusiness gets extra month to beef up response to DOL child labor proposal

Employers have until Dec. 1 to comment on the (DOL)’s proposed child labor regulations for the agricultural sector. That’s one month longer than the original deadline of Nov. 1. The extension was published in the Federal Register Oct. 31. Released Sept. 2, these are DOL’s first revisions to child farm labor rules in 40 years. […]

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No Room for FLSA Abuses at Hilton

A Hilton subsidiary has agreed to pay more than $715,000 in back wages to 2,645 workers in four states. The agreement comes in the wake of a Labor Department investigation into the handling of payment for work done before the start of a shift. Nonpayment of pre-shift work at heart of DOL investigation Hilton “profited […]

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