Retaliation claims can sink an employer

Retaliation claims of any variety are potentially explosive for employers. Nothing angers jurors, courts or governmental agencies like an employee’s accusation they were fired in retaliation for exercising their rights or “doing the right thing.” Ultimately, a jury, court or agency must decide: “What was the employer’s true reason for firing the employee?” A case
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DOL: Most workers are employees, not independent contractors

This morning, the U.S. Department of Labor (DOL) issued a memorandum providing guidance in helping employers to reduce the misclassification of employees as independent contractors. There is no change to any existing law; however, the issuance of this memorandum does emphasize the DOL’s continued focus on misclassification issues involving independent contractors. The Fair Labor Standard
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DOL proposes dramatic changes to FLSA overtime rules

In March of 2014, President Obama issued a presidential memorandum directing the secretary of labor to “update” and “modernize” the regulations under which the U.S. Department of Labor (DOL) manages the Fair Labor Standards Act. Particularly, the president called for updating the executive, administrative and professional exemptions (known to us as the “white collar” exemptions), because, according
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The skinny on narrow networks

The insurance exchanges created under Affordable Care Act have facilitated increased competition. Old version managed care models implemented cost-savings measures like pre-authorizations for medical care, hospital length of stay restrictions, determinations of medical necessity for coverage, second opinions for surgery, exclusions of procedures or services, cost-shifting using higher deductibles and co-payments, and caps on coverage.
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New union election rules yield much quicker elections

Union election petitions and quicker elections have been the immediate effect of the National Labor Relations Board’s new election rules which took effect on April 14, 2015. The new rules were intended to speed up the election process through quicker deadlines and delaying some hearings on some issues until after the election. Unions taking full
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Wage claims by unpaid interns heat up

School is out and temperatures are rising. For many employers, summertime means a new crop of student workers.  Summer internship programs are a time-honored tradition at many companies, providing educational benefits to the student interns and cheap labor for employers.  However, problems may arise when internships are unpaid, as a recent string of wage and
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