OT Advocates Look To States

With the Department of Labor overtime rule having suffered a somewhat similar fate (enjoined nationally by the federal court) as did the persuader rule discussed above, advocates for the policy of more than doubling the overtime threshold are now casting their eyes on state governments. As new legislative sessions get underway, democratic lawmakers in a…

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Labor Attorneys Planning Battle?

On the surface, it may seem that the labor issue pendulum has swung in favor of business with the Trump administration taking office and Congress in the republican control, but business interests shouldn’t expect the unions or their advocates in the plaintiff’s bar to go quietly into that good night! To the contrary, we found…

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Court Orders Wage Plan to Ballot

Right to work isn’t the only issue generating news in Missouri as this week the state Supreme Court ordered Kansas City to put a minimum wage initiative that could ultimately lead to a $15 minimum wage on the municipal ballot.  Missouri law preempts local communities from establishing their own minimum wages higher than that of…

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Court Rejects Staying OT Rule Injunction

As we reported to you back in early December, the federal court in Texas enjoined the new Department of Labor overtime regulations that would have more than doubled the overtime exemption threshold to over $47,000, a decision that DOL quickly appealed. Last week, Judge Amos Mazzant of the District Circuit, who actually issued the injunction…

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Dismantling Obama Care

The United States Senate passed a fiscal 2017 budget resolution early Thursday, the first step in the process of repealing Obamacare through a powerful, majority-vote mechanism known as reconciliation.  The 51- 48 vote came after many hours of debate on an array of Democratic amendments intended to squeeze Republicans for targeting the health law. The…

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New I-9, But Same Old Risk

The new I-9 Form, which the US Citizens and Immigration Service (USCIS) published a few months ago will be required for all employers on January 22, 2017.  Although not mandatory until the 22nd, the form is available online now from USCIS and may be used immediately.  The I-9 Form itself may be new, with features…

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Cuomo Creates New York “Payroll Police”

He may not have named it that, but New York Governor Andrew Cuomo was pretty clear that policing employer payrolls will be a primary goal of his new 200 member enforcement force.  This week, the governor announced the creation of the Minimum Wage Enforcement and Outreach Unit, a new state agency that will be comprised…

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State Legislatures Gearing Up

While some have just this week concluded their 2016 sessions, most state legislatures are just beginning to get prepared for their 2017 sessions.  Legislators in Kentucky have gotten quickly to work however. On Wednesday, the House passed a Kentucky right-to-work law that has been close, but never actually signed into law.  That should change next…

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EEOC Clarifies Wellness Programs

There has long been a conflict on wellness programs between the Equal Employment Opportunity Commission and the provisions of the Affordable Care Act – with employers caught in the crossfire. It would appear that at long last, EEOC has clarified the provisions as relates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination…

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Arizona Minimum Wage Injunction Rejected

Speaking of the SEIU efforts to raise minimum wages across the country, a legal effort to block the voter approved wage hike in Arizona from taking effect on Sunday has been dismissed by the court.  Maricopa County Superior Court Judge Daniel Kiley rejected several arguments put forth by a number of Chambers of Commerce that…

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