The document discusses hot labor and employment issues impacting HR professionals in Florida. It notes that wage and hour lawsuits under the FLSA are emerging as the number one employment case filed, with Florida being the number one state. Common violations include misclassification of exempt employees and improper deductions from salaries. It also discusses potential overtime issues for nurses under the FLSA.
With fall comes the hustle and bustle of getting back into routines and wrapping up projects before year end. However, we at Levenfeld Pearlstein always look forward to fall because that means it's time for our annual Back to School: Employment Law Update. Join us for an informational webinar to review developments over the past year and discuss tips to keep your workplace practices current in the coming year.
TOPICS:
• Update on overtime regulations and standards
• New paid sick and family leave requirements and possible federal action to bring consistency
• Changing standards for independent contractor and joint employer status
• Is sexual orientation protected under Title VII?
• Legalized medical and recreational marijuana and what they mean for employment decisions
• Developing standards for enforcing non-competes/non-solicits and their interplay with social media
• The changing face of the NLRB and what it means for union and non-union employers
• Expanding pregnancy accommodation obligations
• and more...
Topics include the following:
- issues related to COVID-19 in the workplace, including paid leave rights and benefits, return to work standards, and work-from-home arrangements
- Supreme Court decisions on sexual orientation discrimination, Age Discrimination in Employment Act and Equal Pay Act
- new regulations under the Fair Labor Standards Act
- expansion of employee rights and employer obligations under Illinois Law
- upcoming anti-harassment training deadline
- legal requirements taking effect in the second half of 2020 and in January 2021
- the impact of a California court’s decision regarding gig workers
- and more…
With fall comes the hustle and bustle of getting back into routines and wrapping up projects before year end. However, we at Levenfeld Pearlstein always look forward to fall because that means it's time for our annual Back to School: Employment Law Update. Join us for an informational webinar to review developments over the past year and discuss tips to keep your workplace practices current in the coming year.
TOPICS:
• Update on overtime regulations and standards
• New paid sick and family leave requirements and possible federal action to bring consistency
• Changing standards for independent contractor and joint employer status
• Is sexual orientation protected under Title VII?
• Legalized medical and recreational marijuana and what they mean for employment decisions
• Developing standards for enforcing non-competes/non-solicits and their interplay with social media
• The changing face of the NLRB and what it means for union and non-union employers
• Expanding pregnancy accommodation obligations
• and more...
Topics include the following:
- issues related to COVID-19 in the workplace, including paid leave rights and benefits, return to work standards, and work-from-home arrangements
- Supreme Court decisions on sexual orientation discrimination, Age Discrimination in Employment Act and Equal Pay Act
- new regulations under the Fair Labor Standards Act
- expansion of employee rights and employer obligations under Illinois Law
- upcoming anti-harassment training deadline
- legal requirements taking effect in the second half of 2020 and in January 2021
- the impact of a California court’s decision regarding gig workers
- and more…
This presentation was given on 12/14/21 to help professional and lay caregivers understand how to help seniors in issues involving public benefits, including Social Security, SSI, Medicare, Institutional Medicaid and Medicare Savings Programs.
Human Resource & Payroll Services And Solutions - Houston, Dallas, Austin - Texas www.hrp.net. According to federal statistics, there are an increasing number of employers being charged with discriminating against disabled employees and job applicants. In fact, the number of cases filed during 2012 was the highest since the EEOC began enforcing the Americans with Disabilities Act in 1992. Here are six recent examples of EEOC actions against employers charged with discriminating against disabled employees or not providing reasonable accommodations.
What's Going on in Labor and Employment Law: 2016 and BeyondG&A Partners
What’s trending in the world of human resources compliance? Get the inside scoop on the hottest topics in labor and employment law from a board-certified expert in this fast-paced webinar program.
This program will cover the hottest topics in labor and employment law for 2015, including EEOC’s strategic initiatives, recent wage and hour developments, the NLRB’s encroachment into the non-union workplace, policy issues to consider in the year ahead, continuing questions about social media challenges, and more. This program will be a fast-paced look at these and various other trends that will impact employers this year and beyond, and will be aimed at enabling participants to get ahead of the curve to identify potential risks within their organizations.
• Goals for this webinar - Agenda
• Agency Update
• EEOC Strategic Initiatives
• Medical Issues in the Workplace
• Wage and Hour Developments
• The NLRB in Your Workplace
• Social Media Challenges
• Unemployment
• Reminders and Next Steps
Top 10 Things You Need to Know Now about Employment LawSnag
Jackson Lewis, one of the nation's leading employment law firms, covers top employment law trends for 2016 and beyond, including wage and hour laws, paid sick time, pregnancy leave, equal pay and much more.
State and Local Law: Solutions for Multistate EmployersJackson Walker LLP
Sarah Mitchell Montgomery presented "State and Local Law: Solutions for Multistate Employers" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel.
Employment & Labour Law in Canada – An Introduction from “Eh” to “Zed”This account is closed
This presentation explores an overview of Canadian Employment & Labour Law and discusses the differences & employee systems between Canada and the United States.
Employment laws are constantly changing. As we approach year end, it's important to consider recent developments and what's expected in the year to come. In this session, we will discuss the most important employment law developments from 2017 and the issues that are expected to be at the forefront in the coming year.
This session will assist you in...
- Understanding recent employment law developments and how they impact your company
- Evaluating areas where your company may not be in full compliance
- Identifying areas for minimizing risk as part of 2018 planning
High-Risk Hiring: 6 Hidden Compliance Traps to Avoid When Screening ApplicantsSnag
“Ask this, but don’t ask that.” The “shoulds” and the “should nots” around screening and hiring applicants seem to get more daunting by the year. The wrong move in the hiring process can end up costing your business tens of thousands in legal fines and damages.
Check out our ‘High-Risk Hiring’ presentation, featuring Jackson Lewis law firm, a national leader in every aspect of employment law, to:
-- Discover exactly how the hiring process can impact legal exposure for your company and the risk you face for noncompliance
-- Learn the difference between diversity and EEO … and which interview questions you should avoid asking
-- Understand the right and wrong way to conduct pre-employment screening, such as background and credit checks
-- See how hiring software can help you decrease risk, turnover and screening costs
Practical Employee Benefits for ERISA and NON-ERISA AttorneysStacia Komosinski
On September 20, 2016, Thomas Dawson participated in the Practical Employee Benefits for ERISA and Non-ERISA Attorneys webinar hosted by the American Bar Association. The panel of experts provided valuable, practical insight on a myriad of employee benefits issues of relevance to both employee benefits practitioners and non-ERISA attorneys.
On September 20, 2016, Thomas Dawson served as a panelist in the Practical Employee Benefits for ERISA and NON-ERISA Attorneys webinar hosted by the American Bar Association. The panel of experts provided valuable, practical insight on a myriad of employee benefits issues of relevance to both employee benefits practitioners and NON-ERISA attorneys.
This presentation was given on 12/14/21 to help professional and lay caregivers understand how to help seniors in issues involving public benefits, including Social Security, SSI, Medicare, Institutional Medicaid and Medicare Savings Programs.
Human Resource & Payroll Services And Solutions - Houston, Dallas, Austin - Texas www.hrp.net. According to federal statistics, there are an increasing number of employers being charged with discriminating against disabled employees and job applicants. In fact, the number of cases filed during 2012 was the highest since the EEOC began enforcing the Americans with Disabilities Act in 1992. Here are six recent examples of EEOC actions against employers charged with discriminating against disabled employees or not providing reasonable accommodations.
What's Going on in Labor and Employment Law: 2016 and BeyondG&A Partners
What’s trending in the world of human resources compliance? Get the inside scoop on the hottest topics in labor and employment law from a board-certified expert in this fast-paced webinar program.
This program will cover the hottest topics in labor and employment law for 2015, including EEOC’s strategic initiatives, recent wage and hour developments, the NLRB’s encroachment into the non-union workplace, policy issues to consider in the year ahead, continuing questions about social media challenges, and more. This program will be a fast-paced look at these and various other trends that will impact employers this year and beyond, and will be aimed at enabling participants to get ahead of the curve to identify potential risks within their organizations.
• Goals for this webinar - Agenda
• Agency Update
• EEOC Strategic Initiatives
• Medical Issues in the Workplace
• Wage and Hour Developments
• The NLRB in Your Workplace
• Social Media Challenges
• Unemployment
• Reminders and Next Steps
Top 10 Things You Need to Know Now about Employment LawSnag
Jackson Lewis, one of the nation's leading employment law firms, covers top employment law trends for 2016 and beyond, including wage and hour laws, paid sick time, pregnancy leave, equal pay and much more.
State and Local Law: Solutions for Multistate EmployersJackson Walker LLP
Sarah Mitchell Montgomery presented "State and Local Law: Solutions for Multistate Employers" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel.
Employment & Labour Law in Canada – An Introduction from “Eh” to “Zed”This account is closed
This presentation explores an overview of Canadian Employment & Labour Law and discusses the differences & employee systems between Canada and the United States.
Employment laws are constantly changing. As we approach year end, it's important to consider recent developments and what's expected in the year to come. In this session, we will discuss the most important employment law developments from 2017 and the issues that are expected to be at the forefront in the coming year.
This session will assist you in...
- Understanding recent employment law developments and how they impact your company
- Evaluating areas where your company may not be in full compliance
- Identifying areas for minimizing risk as part of 2018 planning
High-Risk Hiring: 6 Hidden Compliance Traps to Avoid When Screening ApplicantsSnag
“Ask this, but don’t ask that.” The “shoulds” and the “should nots” around screening and hiring applicants seem to get more daunting by the year. The wrong move in the hiring process can end up costing your business tens of thousands in legal fines and damages.
Check out our ‘High-Risk Hiring’ presentation, featuring Jackson Lewis law firm, a national leader in every aspect of employment law, to:
-- Discover exactly how the hiring process can impact legal exposure for your company and the risk you face for noncompliance
-- Learn the difference between diversity and EEO … and which interview questions you should avoid asking
-- Understand the right and wrong way to conduct pre-employment screening, such as background and credit checks
-- See how hiring software can help you decrease risk, turnover and screening costs
Practical Employee Benefits for ERISA and NON-ERISA AttorneysStacia Komosinski
On September 20, 2016, Thomas Dawson participated in the Practical Employee Benefits for ERISA and Non-ERISA Attorneys webinar hosted by the American Bar Association. The panel of experts provided valuable, practical insight on a myriad of employee benefits issues of relevance to both employee benefits practitioners and non-ERISA attorneys.
On September 20, 2016, Thomas Dawson served as a panelist in the Practical Employee Benefits for ERISA and NON-ERISA Attorneys webinar hosted by the American Bar Association. The panel of experts provided valuable, practical insight on a myriad of employee benefits issues of relevance to both employee benefits practitioners and NON-ERISA attorneys.
The Impact of FMLA and ADA Compliance on EmployersSedgwick
Presentation at DMEC 2013
Denise Fleury Sedgwick
Barbara LaRocque Pepsico
Letitia gallman Delta Airlines
Ellen Shelnutt SunTrust Banks Inc.
Deborah Jacobs Southern California Edison
Jay Keese: Breaking the Status Quo in Washington D.C.Hint
Jay Keese, Executive Director of the Direct Primary Care Coalition, will talk about the changing tides of healthcare reform in Washington D.C. and provide insights into the new Direct Care pilots being discussed for Medicare.
[ON-DEMAND WEBINAR] Shifting the Business Infrastructure: HR Resources & Hot ...Rea & Associates
Join us on Tuesday, August 11 when Renee West, SHRM-SCP, PHR, will provide business leaders with current human resources insight designed to help shift organizations to reach greater potential during today's environment of constant change and compliance. During this high-level, hour-long webinar, Renee will address today's top HR challenges all businesses are facing, including employee safety, FFCRA leaves, employee retention and recruitment, diversity and inclusion, and more.
Specifically, you can expect to hear information about:
- COVID-19 Policies - specifically, employee safety & FFCRA leaves
- Diversity & Inclusion - Title VII civil rights regulation updates and information into which policies and employment practices will need to be reviewed by businesses
- Employee Wellbeing & Mental Health
- Employee Retention & Recruitment
- Employee Training Programs That Maintain Company Compliance
Section 1557 of the Affordable Care Act is an intersectional civil rights provision that includes protections from discrimination based on language access. In 2016, the Obama Administration finalized regulations incorporating many strong language access provisions such as taglines, notices and qualifications for interpreters and translators. On June 12, 2020 the Trump Administration published a new final rule rolling back many of these provisions. So what’s the state of Section 1557 now? What provisions remain in place and which ones were repealed? What does the new rule mean for patients, interpreters, translators, health care providers and language services providers? This webinar will provide an overview of the new regulations and work to answer your questions!
Workplace Health Issues: Effectively Identifying And Handling FMLA, ADA, Workers’ Comp, Health & Safety Whistleblower and OSHA Issues
presented by
PEDRO P. FORMENT, ESQ.
JACKSON LEWIS LLP
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Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
Kseniya Leshchenko: Shared development support service model as the way to ma...Lviv Startup Club
Kseniya Leshchenko: Shared development support service model as the way to make small projects with small budgets profitable for the company (UA)
Kyiv PMDay 2024 Summer
Website – www.pmday.org
Youtube – https://www.youtube.com/startuplviv
FB – https://www.facebook.com/pmdayconference
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
➢ Korean President visits Samsung Electronics R&D Center
➢ Vietnam Food Expo with Lotte Wellfood
"𝐄𝐯𝐞𝐫𝐲 𝐞𝐯𝐞𝐧𝐭 𝐢𝐬 𝐚 𝐬𝐭𝐨𝐫𝐲, 𝐚 𝐬𝐩𝐞𝐜𝐢𝐚𝐥 𝐣𝐨𝐮𝐫𝐧𝐞𝐲. 𝐖𝐞 𝐚𝐥𝐰𝐚𝐲𝐬 𝐛𝐞𝐥𝐢𝐞𝐯𝐞 𝐭𝐡𝐚𝐭 𝐬𝐡𝐨𝐫𝐭𝐥𝐲 𝐲𝐨𝐮 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐚 𝐩𝐚𝐫𝐭 𝐨𝐟 𝐨𝐮𝐫 𝐬𝐭𝐨𝐫𝐢𝐞𝐬."
Company Valuation webinar series - Tuesday, 4 June 2024FelixPerez547899
This session provided an update as to the latest valuation data in the UK and then delved into a discussion on the upcoming election and the impacts on valuation. We finished, as always with a Q&A
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
The key differences between the MDR and IVDR in the EUAllensmith572606
In the European Union (EU), two significant regulations have been introduced to enhance the safety and effectiveness of medical devices – the In Vitro Diagnostic Regulation (IVDR) and the Medical Device Regulation (MDR).
https://mavenprofserv.com/comparison-and-highlighting-of-the-key-differences-between-the-mdr-and-ivdr-in-the-eu/
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
Improving profitability for small businessBen Wann
In this comprehensive presentation, we will explore strategies and practical tips for enhancing profitability in small businesses. Tailored to meet the unique challenges faced by small enterprises, this session covers various aspects that directly impact the bottom line. Attendees will learn how to optimize operational efficiency, manage expenses, and increase revenue through innovative marketing and customer engagement techniques.
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
3. FLSA Lawsuits
• “Old” Law—New (and Big) Problems
• Emerging as #1 in employment cases filed
• Florida is #1 in the USA
• Healthcare & Hospitality are target
industries
• Healthcare vulnerability
• 24/7/365
• Decentralized supervision
• 250 new DOL W&H investigators
• “Morgan & Morgan”
• “Class” & “Collective” actions
4. Common FLSA Violations
• “Regular rate”
• Misclassification as “exempt”
• Improper deductions from exempt
employee’s salary
• Failure to count all hours “worked”
for overtime calculation
• “Off the clock” work
• Lunch periods: A Minefield
• Preliminary/Postliminary work
• Tipped employees
• 8 & 80 in healthcare
6. Nurse FLSA Lawsuits
• Thomas & Solomon, Rochester, NY
• PA, NY, IL, FL, NC & MA cases
• “Copycats”
• Florida??
• Overtime
• Lunch periods
• Preliminary/Postliminary work
• “Big ticket” cases
7. FLSA Section 7 (j)
• “8 & 80”
• More stringent state laws
• PA cases:
1. Pocono Health System
2. Catholic Health East
3.Crozer-Chester MC &
Crozer-Keystone HS
13. Most “Significant” 2009-10
NLRB Decisions
• Cintas Corporation
• Community Medical Center
• Continental Group, Inc.
• DLC Corp. & Durham School Services
• Legacy Health System
• New York Presbyterian Hospital &
Racetrack Food Services
• Sequoias Portola Valley
• Texas Dental Association
17. Significant NLRB Decisions
Likely to be “Reversed” by
Obama Board
• Oakwood Healthcare Center, Inc.
• Oakwood Care Center
• Harborside Healthcare, Inc.
• Elmhurst Care Center
• Alexandria Clinic
• Dana/Metaldyne
• The Register Guard
• Toering Electric Co.
18. Two Member NLRB Decisions
• Board had only 2 members
(Schaumber & Liebman)
December 2008- April 2010
• Delegation of authority
• Decided hundreds of cases
• Split in Circuits
19. New Process Steel, L.P. v. National Labor
Relations Board,
560 U.S. ___, June 17, 2010
• Under §3(b) of NLRA, delegation clause, Board
authorized to delegate its powers only to a
“group of three or more members”
• Vacancy clause: “shall not impair the right of
the remaining members to exercise all of the
powers of the Board”
• Quorum = three
• Two member decisions invalid
• More than 500 decisions
• What does this mean?
20. NLRB 2010 -????
• Five Member Board
• Political Stalemate
• 3 v. 2
• August 2010?
• 3 v. 1
• What Lies Ahead?
23. U.S. DOL
Statement of Regulatory &
Deregulatory Priorities
• “Good jobs for everyone”
• Specific “strategic outcomes”
• All DOL Agencies
• “Vulnerable workers in traditionally
less safe industry sectors”
• Healthcare workers
• All regulatory projects must support
one or more strategic outcomes
24. US DOL Regulatory Agenda
• Advice Exemption
• LMRDA Sec. 203(c) 209 U.S.C.
§433(c)
• Employer-Consultant Arrangements
• Persuader Activities
• Obligation to Report
• May 24, 2010 Comment Meeting
• Changes Landscape in Union
Organizing
• Employer “Free Speech”
25. Regulatory Agenda
Employee Benefits Security
Administration (ESBA)
• Lifetime Income Options
for Participants and
Beneficiaries in
Retirement Plans
26. EBSA Regulatory Agenda
• Definition of “Fiduciary”-
Investment Advice
• State & Local Government
Health Care Arrangements
for Non-Governmental
Employees
• GINA
27. Employment Standards
Administration (ESA)
• Family & Medical
Leave Act
• FLSA Recordkeeping
Obligations
• Child Labor
Regulations
29. U.S. Department of Labor
Interpretation Letter No. 2010-3
• June 22, 2010
• FMLA
• “Son or daughter”
• “Of a person standing in loco
parentis”
• Eligible even if no “biological or legal”
relationship with child
• Employer may require “reasonable
documentation or statement of a
family relationship”
• “Simple statement”
30. U.S. Department of Labor
Interpretation Letter No. 2010-3
• Not required to show “day-to-day care
and financial support”
• Unmarried partners
• Same sex partners
• Even if biological parent or both a
mother & father
• “Neither the statute nor the
regulations restrict the number of
parents a child may have under the
FMLA”
31. U.S. Department of Labor
Interpretation Letter No. 2010-3
• Administrative interpretation and
opinion letters do not require
agency to go through notice and
comment process
• As long as the letter merely
clarifies the interpretation of
existing rules and definitions
32. Child Labor Penalties
• June 17, 2010
• Increased to $6,000 per violation
• Was $900
• Illegally employing 12 or 13 year old
• Under 12 increased from $1,150 to
$8,000 per violation
• $11,000 where injury, willful or
repeat offender
34. SEIU
• Andy Stern
• Mary Kay Henry
• California Battleground
• What Lies Ahead?
• SEIU
• “SEIU Florida Healthcare”
• Florida is a Prime Target
35. OTHER UNIONS ACTIVE
IN FLORIDA
• CNA/NNOC
• Teamsters
• AFSCME
• AFT
• FSEA
• IUOE
• OPEIU
• Laborers
• ETC.
36. SOCIAL NETWORKING
• Facebook
• Plaxo
• Linked In
• Twitter
• Blogs
• Etc., etc.
37. Social Networking
• Potential employer liability
• FTC Guidelines 16 C.F.R. § 255
• “New media” endorsements
• False or unsubstantiated
endorsements
• Failure to disclose material
connection
• Even if not authorized or known
• Must “maintain internal
procedures”
41. EMPLOYEE FREE CHOICE
ACT
• Card Check Recognition
• Increased Penalties
• Access To Injunctive Relief
• 120 Day First Contract
• Mandatory Arbitration
42. Workplace RESPECT Act
• Will change the NLRA Section 2
(11) definition of a “ statutory
supervisor”
• Will reverse the effect of the
NLRB’s Kentucky River
(Oakwood Healthcare) Charge
Nurse decisions
• Labor’s #2 priority
43. Labor’s Florida
Healthcare
Initiatives
• Staffing Ratios
• Care Giver Overtime
Bans
44. IMPACT OF HEALTH CARE
REFORM ON EMPLOYERS
• Patient Protection and
Affordable Care Act
(“PPACA”)
• Health Care and Education
Affordability Reconciliation
Act of 2010
• LR&FSA of 2010!!!!
45. IMPACT OF HEALTH CARE
REFORM ON EMPLOYERS
• PPACA § 4207 amends FLSA
• Mandatory breaks for nursing mothers
• Unpaid
• Reasonable amount of time
• As needed
• Private, secluded area
• One year
• Almost all employers
• State laws
46. “IMMEDIATE” IMPACT OF
HEALTH CARE REFORM ON
EMPLOYERS
• “Grandfather” Provisions (3/23/10)
• Dependent Coverage (9/23/10 or 1/1/11)
• Whistleblower protection
• Small business tax credit (tax year 2011)
• Elimination of co-pays for preventative
services (1/1/11)
• Prohibits dropping persons when they
become ill (9/23/10)
• Over-the-counter meds-HRA or FSA-
(2011 tax year)
47. “IMMEDIATE” IMPACT OF HEALTH
CARE REFORM ON EMPLOYERS
• Form W-2 must report cost of employer
provided health care (2011 tax year)
• Denial of coverage to children with pre-
existing conditions (9/23/10)
• Elimination of lifetime caps on
coverage of “essential benefits”
• NEW plans-discrimination in favor of
higher wage employees
• NEW plans-protection of patients’
choice of doctors
• NEW plans-preauthorization before
seeing ob-gyn MD
• NEW plans-access to emergency care
without preauthorization
49. Employee Misclassification
Prevention Act
• Independent Contractor
Proper Classification Act
• Make use of ICs more difficult
• Harsh penalties for
misclassifying employees as
independent contractors
50. Taxpayer Responsibility,
Accountability and Consistency
Act
• Amends tax code to make
it more difficult to classify
“workers” as independent
contractors
51. Nurse and Patient Safety
Protection Act
• Requires OSHA to
establish a standard for
the manual lifting of all
patients
52. Patient Safety and Abuse
Protection Act
• Federal Law
• Long Term Care Facilities
• Mandatory Background Checks
• Disqualifying Criminal Records
• Florida: Long Term Care
Background Check Legislation
53. Arbitration Fairness Act
• Will invalidate mandatory
pre-dispute arbitration
agreements
• 2010 DOD Appropriations
Act amendment
• Not limited to employment
relationships
54. Rent-A-Center West, Inc. v. Jackson
561 U.S. ___ (June 21, 2010)
• Federal Arbitration Act
• Clauses in arbitration agreements
calling for arbitrator, as opposed
to court or agency, to decide
arbitrability enforceable
• Challenge based on
unconscionability
55. Sexual Orientation
Discrimination (ENDA)
• Passed House in November 2007
• Did Not Make it Out of Senate
• President Bush Would Have Vetoed
• On the Agenda for Congress
• Obama Will Sign
• Numerous Local Laws/Ordinances
• Stay Tuned—Just a Matter of Time
56. Protecting Older Workers
Against Discrimination Act
(POWA)
• Would reverse Gross v. FBL Financial
Services, Inc.
• Employee burden to prove that age was
“main factor” for adverse employment
action
• Mixed motive jury instructions not proper
in ADEA case
• Proof of “motivating factor” will shift
burden to employer to show ADEA
compliance
57. EEOC Proposed
Rulemaking
• “Differentiations Based on
Reasonable Factors Other
than Age”
• Smith v. City of Jackson
58. Paycheck Fairness Act
• Amends Equal Pay Act
• Compensatory Damages
• Punitive Damages
• Narrows “any factor other than sex”
defense
• “Job-related, bona fide reason related to
business necessity” for pay disparity
• Bars retaliation for sharing wage
information
• EPA litigation spike likely result
59. Sick Leave Legislation
• Healthy Families Act
(1 hour paid leave for every 30
worked)
• Emergency Influenza
Containment Act (5 paid
days for contagious illness, e.g.
H1N1)
• FMLA amendments
60. Retiree Health Benefits
Protection Act
• ERISA amendment
• Retired plan participants &
beneficiaries
• Prohibits profitable
companies from
canceling/reducing health
benefits or increasing out-of-
pocket costs
62. HEALTHCARE
HHS OIG Exclusions
• Employment
Implications
• Need to Inquire
• Don’t Take Lightly
63. ADA Amendments Act
(“ADAAA”)
Regulations
Far exceed expectations
of the compromise
legislation which became
effective January 1,
20009
64. Assume Disability Always
Attempt Accommodation--
• ---
Not quite true, but not far off!
• “Broaden” appears 5 times in
Findings & Purpose
• Potentially millions not “disabled”
under ADA will be considered
“disabled” under ADAAA
• Regs take ADAAA to next level
66. Congress & Courts Have Expanded
EEOC’s Enforcement
Responsibilities
• Americans with Disabilities Act
Amendments Act (ADAAA)
• Genetic Information
Nondiscrimination Act (GINA)
• Lilly Ledbetter Fair Pay Act
• Burlington Northern & Santa Fe
Railway Co. v. White, 548 U.S.
53 (2006) (Expanding scope of
actionable retaliation).
67. President Obama’s Ballooning
EEOC Budget:
• Fiscal Year 2009
$14 Million Increase to
$341.9 Million
• Fiscal Year 2010
$23 Million Increase to
$367.3 Million
• Fiscal Year 2011
Proposes $18 Million
Increase to $385.3 Million
68. “Coupled with our 2010 budget increase,
these funds will allow us to build on the
progress we’ve made in hiring frontline staff,
reducing a burgeoning inventory of charges,
and increasing productivity . . . It will also
permit us to continue our focus on systemic
enforcement.”
--Acting EEOC Chairman Stuart Ishimaru (D)
February 1, 2010
EEOC had a net gain of 155 new staff in 2009.
EEOC seeks to add 140 more attorneys,
investigators, mediators, and support staff by end
of fiscal year 2010.
69. President Obama Appoints New
EEOC Leaders
• Jacqueline Berrien, Chair
• Victoria Lipnic, Commissioner
• Chai Feldblum, Commissioner
• P. David Lopez, General Counsel
70. EEOC Chair
Jacqueline Berrien
– Sworn in on April 7,
2010
– Formerly Associate
Director-Counsel to
NAACP Legal Defense
and Education Fund
– Significant litigation
experience.
71. EEOC’s Enforcement
Initiatives
Emphasis on systemic
discrimination that began in 2006.
--Investigate and litigate more class action /
pattern & practice cases
--Increased use of “Commission Charges.”
15 in 2008
39 in 2009
?? In 2010
--“E-Race” Initiative
72. What Can We Expect From
EEOC?
• Expect Aggressive Investigative
Tactics
--Extensive Requests for Information
--Increased Threat/Use of Subpoenas
--Increased Demands for On-Site Tours
and Witness Interviews
73. What Can We Expect From
EEOC?
• Investigations Apt To Trigger
Systematic Claims Will Prompt
EEOC To Expand Investigation
-- Charges Involving Failure to Hire/Promote
--Charges Implicating Involvement of Senior
Executives or HR Personnel
--Charges Involving Enforcement Priorities
and Political Interests Du Jour
74. What Can We Expect From
EEOC?
• Increased EEOC Litigation
Activity
• Deep Pockets
• Business Judgment?
• “Advocacy”