Over on my firm’s sister blog, the Employment Law Letter, my colleagues have a post this week about the issuance of final rule on Independent Contractors by the United States Department of Labor.
As they note, the Final Rule establishes “a six-factor test based on the economic reality of the worker and potential
Over the weekend, I finished planning for our webinar tomorrow on the new overtime rules. In digging deeper into the materials produced by the Department of Labor on the final rule, I looked at the use of volunteers as a solution — particularly for non-profit organizations.
For the “for-profit” world, this is probably not a
If you like to open your presents on Christmas Eve, the U.S. Department of Labor is for you. Last night, the DOL posted the final revised rule on overtime on its website ahead of its planned announcement this afternoon.
What a gift for employment lawyers! Needless to say, I was up late unwrapping all my
Yesterday, the U.S. Department of Labor announced significant new changes to its regulations regarding who is a “domestic worker” and therefore subject to the coverage of the federal laws regarding overtime and the like.
The changes were, in many ways, expected. But the scope of the coverage — expanding it to nearly two million more
Today, the EEOC has published its final rule clarifying a portion of the Age Discrimination in Employment Act (ADEA). You can download the rule here and a FAQ from the EEOC here. The rule comes as a partial response to a 2008 U.S. Supreme Court decision that analyzed the issue.
The rule has some significance for employers who have policies or take action that may have a disparate impact on older workers. In plain english, disparate impact essentially means an age-neutral rule that affects older workers more than younger workers; disparate treatment means a rule or action that treats older workers differently.
The easiest example to think of is suppose a police department has a physical fitness test so that officers can pursue and apprehend suspects; that practice may have a disparate impact on older workers .
So what did the final rule clarify? According to the EEOC:
Continue Reading EEOC Publishes Final Rule on Reasonable Factors Other Than Age (RFOA)
Earlier this month, I posted about new labor law posters that employers need to use, perhaps as early as late January 2012.
Now on Wednesday comes news that the NLRB has adopted a final rule amending its election case procedures. Labor Relations Today reports that this will “shorten the time between the filing of a