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The Equal Opportunity Commission (EEOC) announced on January 23 that President Barack Obama has appointed Stuart J. Ishimaru as acting chair of the EEOC and Christine M. Griffin as acting vice chair. Ishimaru, whose term expires July 1, 2012, has been a commissioner since November 2003. He was confirmed by the U.S. Senate for a […]
In yesterday’s Advisor, we looked at DOL’s checklist for wellness program compliance. Today, the “paragraph (f)” criteria, plus an introduction to the wellness program guide that boosts the ROI of your program. If you want to institute a wellness program that discriminates based on a health factor (for example, rewards people who have low cholesterol […]
I need some help with the administrative exemption as it relates to IT workers. We are a software consulting firm. Each consultant works pretty independently, managing and doing work on their own projects directly with clients. Their work is a mix of upper-level tasks (systems analysis, training, project management) and lower-level tasks (installing upgrades and […]
According to the New York Times, President Barack Obama has reportedly decided to renominate Craig Becker to the National Labor Relations Board (NLRB). Last summer, the President nominated Becker, Mark Pearce, and Brian Hayes to the U.S. Senate to be members of the NLRB. In December, Becker’s nomination was returned to the White House for […]
by Burton J. Fishman Over the past 35 years, perhaps the greatest expansion in civil rights has inv
According to a new Ninth Circuit ruling, a group of health care employees who worked more than 40 hours a week, with the time split between two employers, was eligible for overtime pay because the companies qualified as a single enterprise. The two companies, A-One Health Care and Alternative Rehabilitation, had substantially merged their operations […]
Employers in California need to adjust their benefit plans, plan documents, and corporate and human resources policies to accommodate employees’ same-sex spouses. The 9th U.S. Circuit Court of Appeals on June 28 lifted its stay on an injunction against enforcing Proposition 8, which had amended the California state constitution to define marriage as occurring between […]
Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]
We hear a lot in the news these days about the historically low unemployment rate, but one figure we don’t hear about nearly as much is the labor force participation rate—the ratio between the size of the labor force and the size of the overall population for that age group, often grouped by cohort (i.e., […]
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has released revised rules under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA), implementing changes to the nondiscrimination and affirmative action requirements of federal contractors and subcontractors. The revisions were required by the 2002 Jobs for Veterans Act, which, among other […]