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Surviving the Misclassification Crackdown

In yesterday’s Advisor, attorneys Deanna Brinkerhoff and Dora Lane helped us understand DOL’s misclassification crackdown; today, what to do about it, plus some good news—your job descriptions are ADA-compliant and up to date. Classification of workers as employees or independent contractors is a murky area, but there are some safe harbors and some steps every […]

Ninth Circuit Again Allows EEOC to Pursue Navajo-Preference Claim

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]

‘New’ OSHA Uses Old Policy to Make Example of Employers

OSHA is making aggressive use of “egregious violations” to levy large fines and make an example of employers where it considers hazards to have been very serious, including a $16.6 million fine in Connecticut last week and another case in Wisconsin. But the question is whether the violations will hold up in the face of […]

Fast-food worker strikes, ‘alt-labor’ movement spreading

A wave of strikes by fast-food and other low-wage workers continues to spread in major cities around the country as employees take action to increase their pay and gain other workplace rights and benefits. Strikes have taken place in New York City, Chicago, St. Louis, Detroit, and Milwaukee as the movement appears to be gaining […]

‘Happiness Haters’ Unite Against Harvard Study

By BLR Founder and CEO Bob Brady Harvard says we need happiness at work. But BLR’s founder says something else is even more important. Once again Harvard University scholars have spent hundreds of thousands of dollars to “discover” the obvious. After considerable research, the Harvardians concluded that workplaces are more productive when people are positive, […]

Health Benefits: New COBRA Rules Announced

After a 13-year wait, the Internal Revenue Service has just released its comprehensive regulations covering COBRA health benefits continuation coverage. The new regulations-which are a complex mix of final and so-called proposed rules-clarify several gray areas of the law but don’t change the basic COBRA mandates, including the detailed notice requirements. Even though the rules […]

Wage and Hour: Upcoming Public Forum on Meal and Rest Periods

The California Labor Commissioner has scheduled a public forum to discuss meal and rest period issues. The forum will be held tomorrow, August 2, in Sacramento. For those who cannot attend, the Labor Commissioner will accept written comments until August 31, 2007. Also, an second forum is being planned for the Southern California area, although […]