Oregon Minimum Wage to Rise to $8.80 an Hour in 2012

Oregon will hike its minimum wage by 30 cents to $8.80 an hour come Jan. 1, 2012, adjusting the rate for 3.77-percent inflation as recorded by the Consumer Price Index (CPI) for the period ending Aug. 30, 2011. Oregon is one of 10 states to hitch its minimum wage to the CPI. Washington, also one […]

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Supreme Court to Review Individual Mandate of PPACA

POTUS beseeched SCOTUS on Wednesday (Sept. 28, 2011) to review the 11th Circuit Court of Appeals' August ruling that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is unconstitutional. When a Monday deadline passed for the Obama administration to ask the 11th Circuit Court to rehear the case, it became […]

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DOL Withdraws Its Fiduciary Re-Definition but Plans to Resubmit It, Modified

The Department of Labor (DOL) has temporarily withdrawn its proposed new definition of a fiduciary under the Employee Retirement Income Security Act (ERISA) of 1974—one that would have embraced even realtors—but still plans to modify and reissue the definition next year. Under the proposed regulations, a person rendering advice on an ERISA plan would have […]

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OSHA Extends Commentary Period on Proposed Injury-Illness Reporting Rule

At the request of the National Automobile Dealers Association (NADA), the Occupational Health and Safety Administration (OSHA) is extending by 30 days the public commentary period on its proposed new injury and illness reporting requirement. The proposed rule would shrink the number of industries exempt from OSHA's injury and illness reporting requirements and would also […]

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IRS Establishes Worker Misclassification Amnesty Program

The Internal Revenue Service (IRS) has commenced a program by which companies can admit to having misclassified workers as independent contractors and settle up by paying a portion of back taxes owed, thereby avoiding most penalties and fees assessed during an audit. There are strings attached, of course. The company applying for the amnesty cannot […]

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OSHA Updates Its Whistleblower Investigation Instructions and Standards

The Department of Labor's Occupational Safety and Health Administration (OSHA) has released a new edition of its Whistleblower Investigations Manual, one of a series of measures to improve OSHA's Whistleblower Protection Program that were announced in August. The new edition of the manual contains updates to case handling procedures, information on the new laws enacted […]

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Tyson to Pay $32 Million to Settle Donning-Doffing Lawsuit

When Perdue Farms in 2002 settled with the Department of Labor (DOL) on back-paying its workers for the time spent donning and doffing required personal protective equipment (PPE), Tyson didn't read the tea leaves and refused to pay its workers for donning-doffing time. The piper came calling this week as Tyson was forced into a […]

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NFIB Becomes Second National Group to Sue NLRB Over Poster Mandate

The National Federation of Independent Business (NFIB) has become the second nationwide business group to file a lawsuit against the National Labor Relations Board (NLRB) and its recent ruling that businesses must post an employee rights notification under the National Labor Relations Act (NLRA). “With this latest rule, the NLRB has gone too far, passing […]

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DOL Ups the Ante on Independent Contractor Misclassification Violations

The Department of Labor (DOL) is launching a program whereby states and the federal government will share information on the misclassification of employees as independent contractors, and the DOL in turn will rat to the Internal Revenue Service (IRS). The goal is to increase penalties for misclassifying employees and thereby restrict or eliminate the practice. […]

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President Wants to Make the Unemployed a Protected Class

As part of President Obama's American Jobs Act, the Fair Employment Opportunity Act would add unemployed individuals who are actively seeking work as a protected class under the Civil Rights Act of 1964, giving the Equal Employment Opportunity Commission (EEOC) the power to investigate discrimination complaints and levy fines, penalties and injunctive relief (as well […]

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