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Exempt vs. Non-Exempt: California Supreme Court Verdict on Overtime

In a long-awaited decision, the California Supreme Court has unanimously held that California-based employers must pay overtime to certain nonresident employees who spend time working full days or weeks in the state – and that the failure to do so can provide the basis for a claim under the state unfair competition law (Sullivan v. […]

Final Wellness Rule: Employers Must Offer Choices Among Health Goals, If Rewards Are Offered

Federal agencies just issued new final rules for contingency-based wellness program goals under health reform. If employers offer to give a reward (such as discounted health insurance premiums) to workers who accomplish some kind of biometric goal (a contingency standard), then employers must have a standing “reasonable alternative” to the contingency-based standard, government officials told […]

New Bill Would Require DOL to Follow its Own Rules

A newly introduced bill would require the U.S. Department of Labor to follow a rule it wants to impose on federal contractors. DOL’s Office of Federal Contract Compliance Programs is in the final stages of a rulemaking that would require federal contractors to aim to have workers with disabilities make up 7 percent of their […]

Scooter Store Failed to Accommodate Employee With Disability, Must Pay Him $99K

The Scooter Store will pay $99,000 to an employee whose disability it failed to accommodate, according to the U.S. Equal Employment Opportunity Commission. The company, a national retailer, refused to give an employee with psoriatic arthritis time off work and fired him. EEOC sued on his behalf alleging that the employer failed to accommodate his […]

At EEOC’s Request, 7th Circuit May Reconsider ‘Reassignment’ Case

A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]

DOL Rule Would Authorize More Wage-and-Hour Scrutiny on HHAs

An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly […]