Pay for Travel Time Under the FLSA comin’-and-goin’

The Fair Labor Standards Act (FLSA) establishes minimum wage and overtime pay requirements for non-exempt employees. (Non-exempt employees are those who are (a) not paid on a salary basis, and/or (b) not employed in an executive, administrative, professional or outside sales capacity.) The FLSA requires employers to pay non-exempt employees the minimum wage for all [...]

U.S. Supreme Court to Address Companionship Exemption Under FLSA

In mid-2004, the United States Court of Appeals for the Second Circuit became the first federal appellate court holding that the companionship services exemption under the federal Fair Labor Standards Act (“FLSA”) could not be used by home health agencies to avoid paying its home care attendants minimum wage and overtime pay. (Coke v Long [...]

Inch-by-Inch: The Fair Minimum Wage Act passes the House of Representatives

As proposed by the House of Representatives, minimum wage requirements would increase from the current standard of $5.15 to $7.25 in approximately three years. Introduced by Representative George Miller, the Fair Minimum Wage Act passed the House by 315-116 on January 10, 2007, and is expected to affect up to 13 million of America’s minimum [...]

U.S. Supreme Court to Address Companionship Exemption Under FLSA

In mid-2004, the United States Court of Appeals for the Second Circuit became the first federal appellate court holding that the companionship services exemption under the federal Fair Labor Standards Act (“FLSA”) could not be used by home health agencies to avoid paying its home care attendants minimum wage and overtime pay. (Coke v Long [...]

Waiting for New FMLA Rules? DOL Wants Your Input by Feb. 2, 2007

The Department of Labor (DOL) has been promising new Family and Medical Leave Act (FMLA) rules since 2002. In each subsequent Agenda published by the DOL, it promised that amendments would be out “soon.” Finally, the DOL announced in the December 1, 2006 Federal Register [http://www.dol.gov/esa/whd/FMLARequestForInformation.pdf] that it wants your comments on the FMLA. All [...]

Private Lawsuits Under the False Claims Act

The recent decision in United States v. Regence Blue Cross (10th Cir 12/05/2006) illustrates the power of qui tam, or private, civil lawsuits under the False Claims Act (FCA). Under the FCA, an action can be commenced either by the United States itself, or as a “qui tam” action, by a private person acting “for [...]

Fifth Circuit: No Private Cause of Action for HIPAA Violations

While HIPAA protects the health information of individuals, it does not create a private cause of action for those aggrieved (65 Fed. Reg. 82566).  This is made abundantly clear from the commentary to the regulations and HIPAA’s legislative history. And while many federal district courts have dismissed individual plaintiffs’ lawsuits under this rule, the Fifth [...]

New Posters for USERRA and Workers’ Compensation

It is time to update your mandated notices by adding the newly revised USERRA and Workers’ Compensation posters. (Text from the interim notice that employers were required to post in March 2005 was temporary.) First, the U.S. Department of Labor (DOL) posted its final regulations for the Uniformed Services Employment and Reemployment Rights Act (USERRA) [...]

DOJ Launches New Website Regarding Employment, Voting and Financial Security Rights of Veterans and Members of Armed Services.

Attorney General Alberto R. Gonzales proclaimed: “Every day, men and women of our nation’s armed forces put their lives on the line to protect the freedoms we enjoy, and it is our responsibility to ensure that their rights are protected in return.” The new Web site, located by clicking here, is a partnership between the [...]

Avoiding Strict Liability for OSHA Violations

Supervisor’s OSHA violations not attributable to employer where safety policies, training and discipline are sufficient to make supervisor’s conduct in violation of the policy “unforeseeable.”

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