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Life after certification applications: Lawful outsourcing and scope of bargaining units

by Karine Fournier and Valérie Gareau-Dalpé Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention. The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is […]

Paycheck Fairness Act Meets Its Demise

The much-hyped Paycheck Fairness Act has been shut down and is unlikely to be revived any time soon. The PFA (S. 182; H.R. 11) was initially introduced in 2008 as a companion to the Lilly Ledbetter Fair Pay Act. The bill, which passed in the U.S. House of Representatives in January 2009, needed 60 votes […]

Family Leave: Absences Due To Colds And Flu May Be Covered; 3-Point Leave Compliance Checklist

When employees call in sick and say they’ll be out for a few days with a cold, you may not give it much thought. But you probably need to pay more attention-especially if absenteeism is a problem in your organization-because a recent U.S. Department of Labor opinion suggests that workers’ time off could qualify as […]

IRS Fleshes Out Plans for Applying ‘Cadillac Tax,’ Seeks Input

New IRS guidance spells out more issues the agency plans to address in imposing the excise tax on high-cost employer-sponsored health coverage (commonly known as the Cadillac tax). These include: (1) identifying taxpayers who may be liable for the excise tax; (2) aggregating several employers under one plan sponsor’s payment; (3) allocating the tax among […]

Determining FMLA Eligibility: New Definition of Spouse

In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]

Voters to decide on Anchorage collective bargaining ordinance

by Tom Daniel When voters in Anchorage go to the polls in November, they will decide the fate of a local ordinance that reins in the collective bargaining rights of municipal employees. A referendum to repeal the local ordinance known as the Responsible Labor Act will be part of the November 4 ballot. The ordinance, […]

New Chicago ordinance will require employers to provide paid sick leave

by Steven L. Brenneman On June 22, the Chicago City Council passed an ordinance that will require nearly all employers in Chicago to provide paid sick leave to employees. The ordinance, which passed 48-0 despite opposition from business and employer groups, follows the lead of similar laws in several states and more than a dozen […]

Survey: Majority of Employers Support Minimum Wage Hike

Momentum is building behind raising the minimum wage, coming at a time when workers at all pay levels are struggling with keeping their heads above water. According to a new CareerBuilder survey, 64% of employers believe the minimum wage should be increased in their state, up from 62% last year.

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DOL Investigators See Double

A Texas printing company has paid over $100,000 for allegedly violating the Fair Labor Standards Act (FLSA). Investigators reported that the company used two different time clocks and were under contract by two separate staffing firms. An investigation conducted by the U.S. Department of Labor’s Wage and Hour Division’s Dallas District Office determined that the […]