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Backburner Job Descriptions? You’d Like to, But You Can’t

Can’t we deal with job descriptions later? No, you need lean, practical job descriptions that accurately reflect essential job duties, says BLR’s California Employment Law Letter. They serve an important, if not necessary, function in virtually every significant employment decision businesses make.

Washington State Legalizes Same-sex Marriage; Will Others Follow Suit?

And then there were seven: Washington Gov. Christine Gregoire (D) on Feb. 13 signed a measure making same-sex marriage legal in that state. Washington joins Massachusetts, Vermont, New Hampshire, Connecticut, New York, Iowa and the District of Columbia as U.S. jurisdictions with that distinction. The Washington law goes into effect on June 7. The Washington […]

DOL Unveils $12 Billion 2013 Budget Request

The U.S. Department of Labor’s (DOL) fiscal year 2013 budget request continues many priorities emphasized in the previous year’s budget, such as the effort to combat worker misclassification, while ending or consolidating some programs aimed at helping women and veterans find jobs. The DOL’s 2013 budget request comes in at $12 billion. The 2012 request […]

Paterno Responses Range from ‘Despicable’ to ‘Very Well Written’

There was, however, one resounding commonality. Overwhelmingly, readers showed distain for the manner of Paterno’s termination—over the phone after 61 years of service. There’s a sampling of the comments below; readers may also want to read the original article or read all the comments in their entirety. A Sampling of Comments Your article—and all the […]

Unconstitutional Individual Mandate Would Obviate Need for Employer Mandate, Benefits Council Says

If the individual mandate under health care reform is struck down, it will render the employer mandate meaningless, the American Benefits Council (ABC) argues in an amicus brief to the U.S. Supreme Court. ABC does not argue about the constitutionality of the individual mandate; instead it says that it is non-severable from the law’s insurance […]

California Joins With DOL to Fight Independent Contractor Fraud; Pacts Also Signed By 11 Other States

California is the most recent state to enter into a pact with the U.S. Labor Department aimed at cracking down the improper classification of employees as independent contractors. Nancy J. Leppink, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, and California Labor Commissioner Julie A. Su announced their recently signed memorandum […]

Labor Seeks New Funding to Boost FLSA, FMLA Enforcement in 2013

The Obama Administration’s proposed 2013 budget  includes funding to hire 92 additional Wage and Hour Division investigators. The budget would allocate $6.4 million to hire investigators to enforce the Fair Labor Standards Act and the Family and Medical Leave Act, said Nancy Leppink, acting WHD administrator during a webchat on Monday. The funding would allow […]

The 4 Questions to Ask Before Changing to PTO

PTO (see yesterday’s Advisor) is attractive for many reasons, says attorney John P. Hagan, but there are critical questions to ask before switching over from a traditional approach. Hagan, a partner in the Dallas office of law firm Sarles & Ouimet, LLP, made his suggestions at a recent BLR webinar. Here are his four questions: […]

Fearing State Employee Liability, Delaware Douses Medical Marijuana Law

by Molly DiBianca and Michael P. Stafford Delaware’s medical marijuana program has been extinguished. According to the Delaware News Journal, Governor Jack Markell “has suspended the regulation-writing and licensing process for medical marijuana dispensaries — effectively killing the program.” The decision comes in response to a letter from U.S. Attorney Charles M. Oberly III. The […]