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New OSHA ‘Sheriff’ Packs Heat, But It May Backfire

By Jim Stanley, president, FDRsafety When Labor Secretary Hilda Solis warned business last year that there was ”a new sheriff in town,” she wasn’t kidding — the Occupational Safety and Health Administration (OSHA) is packing big new six-guns. The only problem is that it may be shooting itself in the foot. OSHA has been announcing […]

Mr. "Please Sue Me" Takes on Terminations

In yesterday’s Advisor, we heard from Hunter "Please Sue Me" Lott on wage-and-hour issues. Today, his take on avoiding termination-based lawsuits, and an introduction to the extraordinary all-in-one HR website, HR.BLR.com. Lott, an HR practitioner dedicated to the "rights of management," is known for his entertaining yet informative approach. His remarks came during his annual […]

New requirement to offer jobs to predecessor contractor’s workers takes effect January 18

by Judith E. Kramer An Executive Order issued nearly four years ago dealing with employees of federal contractors is set to take effect on January 18. President Barack Obama signed Executive Order 13495—Nondisplacement of Qualified Workers Under Service Contracts—on January 30, 2009. The order requires that contractors and subcontractors acquiring contracts that succeed contracts for […]

Obama’s three NLRB recess appointments were invalid, Supreme Court rules

On June 26, 2014, the U.S Supreme Court unanimously upheld the decision of the U.S. Court of Appeals for the District of Columbia Circuit in Noel Canning v. NLRB, concluding that President Barack Obama’s three recess appointments to the National Labor Relations Board (NLRB)—Sharon Block, Richard Griffin, and Terence Flynn—were not valid.  Accordingly, since three out of the […]

No Escape From the Long Arm of DOL

Even state agencies are not immune from the U.S. Department of Labor’s ongoing aggressive enforcement actions, as reflected in a recent lawsuit filed against the Texas Department of Family and Protective Services’ Child Protective Services Division (CPS). The lawsuit is seeking more than $1 million for back overtime pay that DOL claims is owed 800 […]

CMS Postpones Reform Reinsurance Fee Reporting

The Centers for Medicare & Medicaid Services has extended the deadline for contributing entities (or entities reporting on their behalf) to submit annual enrollment counts on which they will base their contribution amounts under health care reform’s transitional reinsurance program. The deadline is now 11:59 p.m. on Dec. 5, 2014. Reporting on that date also […]

RIFs: Preparing for the Unkindest Cut

As the economy stagnates, many employers who were hoping to avoid layoffs must now finally consider them. Today’s expert, attorney Michael Rosen, sorts out the key issues. Rosen, a labor and employment partner with the law firm Foley Hoag LLP in Boston, says that any reduction in force (RIF) must be carefully planned and executed […]

Doing the ‘Toggle’: Managing Both State and Federal Employment Laws

If you’ve fully complied with federal law, your job is not done. Your state probably has laws that overlap, or even conflict with, the federal laws. Here are the issues where that’s most likely to happen. Ever hear of the ‘toggle’? It’s a maneuver most HR professionals execute every day—jumping between state and federal law […]

Fair Pay Act Revives Police Employee’s Discrimination Claims

by Teresa A. Cheek The Third Circuit Court of Appeals recently issued a decision applying the Lilly Ledbetter Fair Pay Act — the first bill signed into law by President Barack Obama in January 2009. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including discrimination Facts Mary Lou Mikula was […]