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Senate vote puts NLRB at full strength

The U.S. Senate’s July 30 vote to confirm nominees for all five seats of the National Labor Relations Board (NLRB) means the Board will have a full slate of confirmed members for the first time in more than a decade. Republicans Harry I. Johnson III and Philip A. Miscimarra and Democrats Kent Hirozawa and Nancy […]

Avoiding a Clash Over FLSA Contractor Classifications

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]

Were Overseas Employees Properly Classified as Hourly Workers?

By Kevin C. McCormick, Whiteford, Taylor & Preston LLP In a recent unpublished decision, the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—held that several employees who worked for an American company overseas were properly classified as hourly employees despite some confusion about the offer letters describing their compensation.

News Notes: Unauthorized Access To Employee’s Website Creates Legal Trouble

During collective bargaining negotiations with Hawaiian Airlines, pilot Robert Konop created a password-protected website containing statements critical of his employer and union. Konop sued Hawaiian after learning that a co-worker, who had been authorized to access the website, shared his password with Hawaiian’s vice president, who in turn shared information from the website with an […]

Potential deal in works to fill NLRB seats

by Tammy Binford With the clock ticking on the term of the only confirmed member of the National Labor Relations Board (NLRB), reports are circulating that President Barack Obama will send two new nominees to the Senate and abandon his two previous appointees, who face opposition because of their disputed recess appointment status. On July […]

Massachusetts passes broad new pay equity law

A new Massachusetts pay equity law going into effect on July 1, 2018, contains provisions that are much broader than current federal law and even prohibits employers from screening applicants based on their salary or wage history. Although the law doesn’t take effect for nearly two years, employers are advised to start planning immediately in […]

All Quiet on the Transparency Front: Fees Still a Mystery and Hospital Quality Data Spotty

Have you asked your doctor or dentist to see his fee schedule? When I did so once, a dentist refused, saying in effect: “my prices are higher, but that’s what you need to get my quality advantage.” What’s a consumer to do? A similar relation exists between large employers and institutional providers (hospitals.) The lack […]

Senate Votes to Extend COBRA Subsidy

Update Dec. 21, 2009: President signs bill including COBRA subsidy extension In an unusual Saturday morning session on Dec. 19, the U.S. Senate voted 88-10 to pass legislation that would extend the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (ARRA), which President Barack Obama signed into law in […]

Immigration: Court Postpones No-Match Rule

Several weeks ago, we reported on a new rule issued by the Department of Homeland Security (DHS) describing the steps an employer must take when it receives a “no-match” letter from DHS or the Social Security Administration. The regulation was slated to go into effect on Sept. 14, 2007.