December, 2009

Employer's OT Policy for Two Kinds of Work Paid at Different Rates Violates FLSA

An employer that paid employees different wage rates for two different kinds of work performed during each workweek, but that based all overtime pay on the lower of the two wage rates, violated the overtime provisions of the Fair Labor Standards Act, a federal appeals court recently ruled.

Minimum Wage Changing in Four States Friday

The minimum wage rate will change in four states effective Jan. 1 - Alaska, Connecticut, Colorado and Kansas. Annual inflation adjustments are scheduled to take effect in eight other states with the start of the new year.

Employers Praise Wellness Efforts as Reform Advances

For many people, the start of a new year is an opportunity to evaluate and improve their health. This year provides an added incentive, courtesy of health care reform. And as employers see such changes all around them, they are taking steps to change, too — and hoping Congress listens.

DOL Highlights Regulatory Agenda

Investment advice and lifetime annuities top the Department of Labor's (DOL) retirement plans agenda in 2010. More specifically, the DOL's Employee Benefits Security Administration (EBSA) intends to clarify when a person who provides investment advice to 401(k) plan participants will be considered a fiduciary.

COBRA Enrollments Rising Due to ARRA Subsidy; EBSA Fact Sheet Needs Clarification

The average monthly enrollment rates for COBRA coverage have increased by 20 percentage points since the COBRA premium subsidy under the American Recovery and Reinvestment Act of 2009 (ARRA) was enacted in February 2009, according to a new analysis by Hewitt Associates, a global human resources consulting and outsourcing company.

New Law Makes It Easier for Airline Workers to Qualify for FMLA

An estimated 200,000 flight attendants and pilots are now expected to qualify for Family and Medical Leave Act (FMLA) rights after President Obama signed into law the Airline Flight Crew Technical Corrections Act on Dec.

N.Y. Prohibits Transgender Bias Against Public Employees

New York became the seventh state to prohibit discrimination against public employees on the basis of gender identity or expression when Gov. David Paterson signed an executive order on Dec. 16.

There currently are no federal protections in employment for gay, lesbian, bisexual or transgender individuals.

N.Y. Prohibits Transgender Bias

New York became the seventh state to prohibit discrimination against public employees on the basis of gender identity or expression when Gov. David Paterson signed an executive order on Dec. 16.

Agency's Finding Is Inadmissible, Florida Appeals Court Rules

A "no probable cause" determination issued by the Broward County Civil Rights Division should not have been admitted into evidence in a discharged employee's employment discrimination lawsuit, a Florida court of appeals ruled on Dec.

At-will Employee Is Entitled to Compensation and Benefits, Florida Appeals Court Holds

An employer must pay a terminated at-will employee the compensation, commissions and other benefits the employee earned prior to termination, the Florida Second District Court of Appeals has ruled.

In Patwary v.