Monthly Archives: December 2011

The Department of Labor Issues Proposed Rule Expanding FLSA Coverage to Companionship and Live-In Workers

By: Dean Silverberg, Evan Spelfogel, Peter Panken, Douglas Weiner and Donald Krueger

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?” .

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ILN Today Post

NAD CONSIDERS ‘LIKE-GATED’ CAMPAIGN FOR THE FIRST TIME

Many companies rely on social media to promote their brands and products. Toward that end, these companies often use a variety of offers, including rebates and coupons, to solicit Facebook “likes.”

One of the newer kinds of promotions using Facebook is known as the “like-gated” promotion. This social media advertising tool, which is a component in a growing number of companies’ advertising campaigns, requires that consumers “like” a company’s Facebook page to gain access to a benefit, such as a deal, a coupon code, early access to merchandise, or other savings.

Click here to read the full alert  >>

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ILN Today Post

MODELS MUST BE PAID ON LAST DAY OF PHOTO SHOOT UNDER CALIFORNIA LABOR LAW

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.

Click here to read the full alert  >>

 

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EEOC Performance in 2011, What it Could Mean for Employers in 2012

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. 

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The RSS team has rallied together for underprivileged children!

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.

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ILN Today Post

THE IMPORTANCE OF A WILL

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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Employees Working Dual Jobs: Better Watch Out for the Tricky Wage & Hour Issues

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. 

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Wedgwood collection available to creditors

Sad news for The Potteries, the five towns of North Staffordshire famous for their manufacture of china tableware and ceramics and the setting for most of the novels of Arnold Bennett.
Over the years, many of the works have closed and the great names disappeared, or moved production to the Far East. One famous name, Wedgwood, is still trading, but it is insolvent and there is a big hole in the workers’ pension fund. The trustees of the fund could get some relief from the Pension Protection Fund, but only after trying to get as much as possible from the Wedgwood insolvency, in which the pension fund is the major creditor.
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Wedgwood collection available to creditors

Sad news for The Potteries, the five towns of North Staffordshire famous for their manufacture of china tableware and ceramics and the setting for most of the novels of Arnold Bennett.
Over the years, many of the works have closed and the great names disappeared, or moved production to the Far East. One famous name, Wedgwood, is still trading, but it is insolvent and there is a big hole in the workers’ pension fund. The trustees of the fund could get some relief from the Pension Protection Fund, but only after trying to get as much as possible from the Wedgwood insolvency, in which the pension fund is the major creditor.
As early as 1774, it was decided that samples of every product from the factory should be preserved and so there is a Wedgwood Museum with a fine and valuable collection.  Unfortunately, the employees of the museum were also in the same Wedgwood pension scheme, making the Museum Trust liable and also insolvent.  The question, on which the London High Court ruled yesterday, is whether the collection belongs to the Museum Trust outright, in which case it must be available to creditors, or whether it is held in trust for others, and so protected.  The court has decided that the collection is not held in trust, and so is available to benefit the Wedgwood creditors.  As a result, the collection will probably be sold.
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ACO Application Requirements and Procedures

Our fifth installment in the ACO series covers the detailed ACO application requirements and procedures.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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