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Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test

When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question of whether two employers are so entangled as to create a “joint employment” relationship where […]

Federal Court: Allow Clarification to Avoid FMLA Interference

By Jeffrey A. Gruen  The U.S. Court of Appeals for the 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice […]

DOL Proposal Helping Home Companions Would Hurt Seniors, Business, Franchisees Claim

The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing  in-home care franchise owners.  If the proposal is implemented as planned,  the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]

Urban Institute Criticizes Use of Stop-Loss Insurance by Small Employers

If small companies self-insure their health plans and in doing so can get stop-loss coverage with very low attachment points, they could siphon healthy lives away from the new insurance market designed by health reform to insure millions of new lives, the Urban Institute warned in a April 2013 report. The Institute explained that low […]

Tell the IRS What You Think of Changes Affecting LTC Insurance

Do you offer long-term care (LTC) insurance to your employees? If so, and the changes the Pension Protection Act of 2006 (PPA) made to the tax and information reporting requirements affecting some LTC coverage apply, you can offer your two cents’ worth to the IRS. The PPA amended the tax rules for qualified LTC insurance, […]

Exempt Employees: IWC Approves Changes To Rules For Overtime Exemptions

Following a contentious debate, the Industrial Welfare Commission has approved new wage orders that modify the definitions of managerial, administrative and professional employees who are exempt from overtime. The new standards bring California in line with the federal rules defining employees who are exempt from overtime. And supporters of the changes say this will make […]

Make the World A Better Place by Focusing On and Sharing Good Deeds

In the 2000 movie Pay It Forward, a seventh grade social studies teacher gives his students an assignment to create and put into action a plan that will change the world for the better. Young Trevor McKinney, played by Haley Joel Osment, comes up with a plan in which the recipient of a good deed […]

Free Retirement-Planning Resource from DOL

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has published a new resource to help workers calculate the financial resources they’ll need to ensure a secure retirement. The new publication, “Taking the Mystery Out of Retirement Planning,” is specially designed to assist workers who are within 10 years of retirement to calculate their […]