New York Clarifies State WARN Act Provisions, Definitions

The New York Department of Labor (NYDOL) has issued proposed new regulations, subject to a 45-day public commentary period, to clarify provisions of its statewide Worker Adjustment and Retraining Notification (WARN) Act. The New York WARN Act, which was revised at the beginning of 2009, sets different thresholds and notification periods that are more stringent than federal requirements. […]

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Denver Restaurants Targeted by DOL for FLSA Compliance

The Department of Labor (DOL) is launching a Wage and Hour (WHD) investigation of Denver area restaurants for compliance with overtime pay, working hours, and child labor, according to the local DOL office. Chad Frasier, district director for the Wage and Hour Division in Denver, says that the restaurant industry has been targeted because of […]

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DOL Targets New York Health Care Industry for Misclassification Audits

The U.S. Department of Labor (DOL), operating on information from its Albany field office, has targeted the health care industry in New York state for investigation into the misclassification of workers and subsequent under-payment of overtime wages. Underlying this effort is a finding by the department’s Albany district office that, during the past five years, […]

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PAWA Set to Increase Civil and Criminal Penalties for OSHA Violations

The Protecting America’s Workers Act (PAWA), which is simultaneously wending its way through both chambers of Congress, would put new fangs into enforcement of the laws and regulations overseen by the Occupational Safety and Health Administration (OSHA). Now with health insurance legislation largely behind it, Congress is expected to move on several labor-related fronts, including […]

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It Lives! The Paycheck Fairness Act Comes Roaring Back

The Paycheck Fairness Act now under consideration by the Senate’s Health, Education, Labor and Pensions (HELP) Committee was introduced by then-Senator Hillary Clinton in January 2009. The House of Representatives approved its version shortly thereafter, and now, after a long hibernation, it has roared back to life in the Senate more than a year later. For employers,  […]

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DOL to Add Still More Inspectors in 2011

Testifying before a House subcommittee, Department of Labor (DOL) Secretary Hilda Solis recently detailed plans for fiscal 2011 to use $1.7 billion out of a budget of $116.5 billion, along with 10,957 employees out of 17,800 total, for what she called "worker protection activities." Plans also call for adding another 90 inspectors to the Wage […]

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Scent of ADAAA Regs Sniffed in Detroit Lawsuit Settlement

The City of Detroit recently settled an Americans With Disabilities Act (ADA) lawsuit filed by an employee who unsuccessfully sought a reasonable accommodation because a coworker’s perfume made it difficult for her to breathe. Now, one might conclude that a municipality may have more inclination to settle than fight since it’s using OPM (other people’s money), whereas […]

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OSHA Issues Letters to Firms with Highest Injury, Illness Rates

The Occupational Safety and Health Administration (OSHA) has dispatched about 15,000 letters to companies to notify them that their rates of illness and injury are higher than average. These so-called DART (Days Away, Restricted and Transfer) reports generally are followed up by OSHA inspections, if the past be any guide. OSHA has made no official […]

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More Clarity on HITECH Provisions Promised Soon

Though HITECH (the Health Information Technology for Economic and Clinical Health act) took full effect this past Feb. 17, provisions regarding business associates were still vague, as we noted at the time. Now, the Office of Civil Rights (OCR) in the Department of Health and Human Services (HHS), the law’s oversight agency, is promising to […]

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Empire Strikes Back: FTC Appeals Lawyer Exemption on Red Flags Rule

To make a long story short, the Federal Trade Commission (FTC) has been trying–with delayed implementation–to get the nation’s businesses that grant credit to protect their clients’ and consumers’ identities by requiring them to adhere to a Red Flags Rule. The Red Flags refer to steps in the credit process that might indicate an identity-theft […]

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