The Employer Information Report, commonly known as the EEO-1 Report, has finally gotten a major makeover that affects what information you must collect about your employees and how you collect it. The Equal Employment Opportunity Commission (EEOC) revised the form in response to additions made to racial and ethnic categories collected for the 2000 census and issued final regulations in November 2005. (Federal Register, Vol. 70, No. 227, Monday, November 28, 2005.) Private employers with 100 … [Read more...] about New EEO-1 Forms and Regulations – September 30th Deadline
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 hours worked and to pay one and one-half times the regular rate of pay for all hours worked over forty in any work week. … [Read more...] about Pay for Travel Time Under the FLSA comin’-and-goin’
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 (“FLSAâ€) could not be used by home health agencies to avoid paying its home care attendants minimum wage and overtime pay. (Coke v Long Island Care at Home, Ltd., 376 F3d 118 (2d Cir 2004)). Citing a 2005 Wage and Hour Advisory Memorandum issued by the Department of Labor (DOL), the US … [Read more...] about U.S. Supreme Court to Address Companionship Exemption Under FLSA
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 wage workers. As currently drafted, minimum wages would increase as follows: • 60 days after enactment: The minimum wage will increase from the … [Read more...] about Inch-by-Inch: The Fair Minimum Wage Act passes the House of Representatives
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 (“FLSAâ€) could not be used by home health agencies to avoid paying its home care attendants minimum wage and overtime pay. (Coke v Long Island Care at Home, Ltd., 376 F3d 118 (2d Cir 2004)). Citing a 2005 Wage and Hour Advisory Memorandum issued by the Department of Labor (DOL), the US … [Read more...] about U.S. Supreme Court to Address Companionship Exemption Under FLSA
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 comments are due by February 2, 2007. The DOL has long been aware that employers struggle under the burdens of the … [Read more...] about Waiting for New FMLA Rules? DOL Wants Your Input by Feb. 2, 2007
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 the United States Government†against providers “in the name of the Government.†The false claim may take many forms: overcharging for a product, failing to perform a service, … [Read more...] about Private Lawsuits Under the False Claims Act
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 Circuit, in the case of Acara v. Banks (5th Cir. Nov.13, 2006), has become the first federal appellate court to affirm the ruling. … [Read more...] about Fifth Circuit: No Private Cause of Action for HIPAA Violations
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) in December 2005. The new regulations include a few minor changes to the text of the required notice to employees, effective January 18, … [Read more...] about New Posters for USERRA and Workers’ Compensation
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 Justice Department and other federal agencies that oversee these protections. The new website consolidates notices and information on several laws, including the Uniformed … [Read more...] about DOJ Launches New Website Regarding Employment, Voting and Financial Security Rights of Veterans and Members of Armed Services.
