Tag: DOL

Reemployment Rights of Returning Vets: What You Need to Know

Basically, you must reemploy a service member returning from military duty if he or she meets five criteria: The employee must have held a civilian job He or she must have given you proper notice of the impending military service, unless notice was unreasonable or impossible The cumulative period of service must not have exceeded […]

No Kidding: Labor to Revise Its Proposal Restricting Child Labor on Farms

The Labor Department, in response to strong opposition from farm families, is revising its proposed rule restricting child labor on farms. As part of a package of child labor reforms unveiled Sept. 2, 2011, Labor proposed narrowing the so-called parental exemption that allows children of any age who are employed by their parent, or a […]

Stay One Step Ahead of the Misclassification Police

What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. The federal Department of Labor (DOL) is cracking down on classification, and that makes now an excellent time to evaluate your organization’s classification decisions.

Novartis Agrees to Pay Drug Reps $99 Million to Settle Long-standing Overtime Dispute

The New Jersey drug manufacturer Novartis Pharmaceuticals Corporation has reached a $99 million settlement with its drug sales representatives. The agreement, announced jointly by management and plaintiff representatives Jan. 26, resolves overtime pay disputes pending since 2006. “We believe this settlement is in the best interest of our employees and the company,” said Novartis President […]

Know What Retaliation Is, So You Can Prevent It

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]

Employing People with Disabilities: What Does New Proposed Rule Mean?

By Tammy Binford Government statistics show that unemployment among people with disabilities is far higher than unemployment for people without disabilities. Year-end figures for 2011 are not yet available, but the Bureau of Labor Statistics (BLS) has figures revealing that the 2010 unemployment rate for people with disabilities was 14.8 percent. That’s more than one […]

Is a COBRA Notice ‘Postcard’ Too Far From the Edge of Compliance?

Postcards are designed to provide a brief message, but it will be interesting to learn if such brevity is sufficient to adequately notify an individual of COBRA continuation coverage rights — particularly when the law identifies at least 14 content requirements for COBRA election notices. In a recent court case, an employer/plan administrator faced with […]

DOL Rule Would Authorize More Wage-and-Hour Scrutiny on HHAs

An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly […]

Compensation Daily Advisor Year in Review

‘I Can’t Live on What You’re Paying Me’ Conversations In a previous Advisor, we covered the basics of dealing with tough compensation questions. Today, more tough questions from a recent BLR webinar featuring Teresa Murphy and David Wudyka. Wage and Hour Mythbusters Wage and hour should be the easiest job in comp, but there are […]

Watch Out for Exemption Misclassifications in California

It’s important to be sure you properly classify jobs as exempt if you’re asserting an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). That message was reinforced by a recent decision of the Ninth Circuit Court of Appeals (which includes California) in which the court concluded that state social […]