Reversing its prior stance, the U.S. Department of Labor (“DOL”) proposes to extend the minimum wage and overtime requirements of the Fair Labor Standards Act (“FLSA”) to domestic workers who provide in-home care services to the elderly and infirm. See Notice of Proposed Rulemaking to Amend the Companionship and Live-In Worker Regulations. In 1974, when domestic service workers were first included in FLSA coverage, the DOL published regulations that provided an exemption for such “companions”, whether employed directly by the families of the elderly and infirm, or by a third party employer/staffing agency. Now, heeding calls from organized labor and certain members of Congress, the DOL is moving to close this “loophole.” See“Is the Department of Labor Considering a Revision to the Domestic Service Exemption for Home Health Care Aides?” .
Monthly Archives: December 2011
The Department of Labor Issues Proposed Rule Expanding FLSA Coverage to Companionship and Live-In Workers
The California Labor Code provides that, with limited exception, when an employer “discharges” an employee who provided services in California, the wages earned and unpaid at the time of the discharge are due and payable immediately.
An employer generally may not wait until the next regular payday, or some other mutually-agreed upon length of time.
by Ian G. Nanos
The Equal Employment Opportunity Commission (“EEOC”) recently issued its Performance and Accountability Report for Fiscal Year 2011. As reported by the EEOC, 2011 was a record year. A quick review of these highlights, as well as the pending docket, reveals a growing trend and employers should pay attention.
First the highlights. During FY 2011, the EEOC received a record number of discrimination charges – nearly 100,000 against private sector employers alone. More importantly, the EEOC also recovered a record $364 Million through administrative enforcement. Even with this high volume of new charge activity, the EEOC made a lot of progress closing cases – as one could expect given the record high recovery – and managed to reduce its charge backlog by 10%. This reduction is also a significant development because the EEOC has not been able to reduce its pending charge backlog from one year as compared to the previous year since it did so back in FY 2002.
It is with much emotion and eagerness that the RSS team, friends and families participated in Operation Santa Claus again this year. Thanks to the generosity of the members of the firm and their peers, more than 100 underprivileged children will receive gifts on Christmas Day. Our specific mission was to fulfill the dreams of these children and it was for all of us one of the most rewarding experiences.
Participating in this charity, for these children who are our future, will be a tradition we intend to honor every year. It was a privilege to contribute to their dreams and we will all have a special thought for them this Christmas.
The Secret Santas of RSS and their families.
Due to what has been termed as “An Historic Surge in the Bahamian Economy” during the past twenty years, more and more Bahamians, residents and also non-residents of The Bahamas have enjoyed considerable acquisition of wealth with the result that much thought should be given to “protection of such acquisition” and bearing this fact in mind, the question which usually arises is who do I want to leave my assets to upon my death and how can I make sure that such person(s) will in fact receive my properties.
A person’s assets comprise the sum total of his real property and personal property. Real property is land and anything growing on, attached to or erected on it, excluding anything that may be severed without injury to the land. On the other hand, personal property is everything except real property. Property that can be seen, weighed, measured, felt or touched or is in anyway perceptible, e.g. furniture, fixtures and fittings, books, clothing, bank accounts, insurance policies, company shares, motor vehicles, boats, golf carts, heavy duty equipment, tools, etc.
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By: Jordan Schwartz
The holiday season is often the busiest time of the year for hospitality employers. At the same time, employees may appreciate the opportunity to earn more during these busy months. Consequently, there may be occasions when an employer places an employee in a dual capacity role. For example, from November through January, a hotel may permit (or require) a housekeeping attendant to also function as a front desk reservation assistant. While assigning (or permitting) an employee to work at another post with a different rate of pay is generally permissible and may be preferable to hiring additional employees for the holiday rush, there are complex “wage & hour” factors to consider prior to doing so.