A new rule taking effect January 1, 2015 means most direct-care workers employed by agencies and other third-party employers will be entitled to at least the federal minimum wage and overtime as set forth in the Fair Labor Standards Act (FLSA). The […]
NEW LAW ENTITLES MOST HOMECARE WORKERS TO MINIMUM WAGE AND OVERTIME Read More »
The Second Circuit Court of Appeals, the federal appeals court which covers New York, Connecticut and Vermont, recently made a very important decision regarding a failure to pay overtime claim. In Dejesus v. Mgmt. Services, LLC, the plaintiff’s overtime claim was dismissed by
Even though it isn’t a state or federal law requirement, many employers have an employee handbook/personnel manual. While in many cases a company means no harm by not having a formal employee handbook, the lack of a formal set of documented personnel policies can potentially lead to costly litigation. Employee handbooks can be a useful
WHY DOES MY COMPANY NEED AN EMPLOYEE HANDBOOK? Read More »
The Obama administration announced last week that it is delaying the implementation of the Affordable Care Act’s (ACA) employer responsibility provision. Now employers won’t have to worry about compliance with the provision, commonly referred to as the “play or pay” provision, until 2015. Under this particular part of the ACA, employers with fifty (50)
IMPLEMENTATION OF THE AFFORDABLE CARE ACT DELAYED Read More »
The United States Second Circuit Court of Appeals, which is the highest federal appeals court in New York, recently ruled that a heterosexual male can file a sexual harassment claim based on unwanted groping and sex-based comments by another heterosexual male. In this case, a heterosexual male sued his employer, Seneca Foods Corporation, for sexual
SECOND CIRCUIT COURT OF APPEALS RECOGNIZES CLAIM FOR MALE-ON-MALE SEXUAL HARASSMENT Read More »
Under the Affordable Care Act (the “Act”), effective January 1, 2014, employers must provide healthcare coverage to their full-time employees (and those employee’s dependents) or risk paying a financial penalty. The provision applies to employers with fifty (50) or more full-time non-seasonal employees in the preceding calendar year. Under the Act, a full-time employee is
BASICS OF THE AFFORDABLE CARE ACT Read More »
In a rare case, last week the Office of Federal Contract Compliance Programs (OFCCP) announced an audit settlement with federal contractor Goodwill Industries of Southern California in a matter alleging systemic discrimination against men. In a statement, OFCCP stated “Goodwill’s hiring process favored female applicants for entry-level positions as attendants at local donation centers, in
FEDERAL GOVERNMENT SETTLES MATTER ALLEGING DISCRIMINATION AGAINST MALES Read More »
Overriding a veto from Mayor Michael Bloomberg, the New York City Council has passed a bill amending the New York City Human Rights law to prohibit employment decisions based on an applicant’s ”unemployment” status. In addition, the bill also prohibits employers from posting job listings that list current employment as a prerequisite for any job.
NEW YORK CITY PROHIBITS HIRING DECISIONS BASED ON UNEMPLOYMENT STATUS Read More »
The United States Citizenship and Immigration Services (USCIS) has issued a new Employment Eligibility Verification Form I-9. Employers are required to complete Form I-9s for all newly hired employees to verify the individual’s identity and authorization to work in the United States. Form I-9s also need to be completed for existing employees who already have
FEDERAL GOVERNMENT ISSUES A NEW I-9 FORM Read More »
In a series of recent rulings and advisories, labor regulators have declared some terminations relating to social media communications, as well as certain social media policy restrictions, to be unlawful. In a decision with potential major repercussions, the National Labor Relations Board (NLRB) recently considered an employer’s termination of five employees who posted comments on