Polsinelli at Work |  Labor & Employment Blog

Employers, whether large or small, face an ever-growing web of workplace regulations and potential entanglements with employees. With employment litigation and advocacy experience as our strength, preventing legal problems from arising is our goal. Our Labor & Employment attorneys advise management on complex employee relations and workplace issues. 20 offices; 800+ attorneys. 

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OSHA announces changes to Electronic Recordkeeping Rule

OSHA announces changes to Electronic Recordkeeping Rule

By: Bill Robbins

In the waning days of President Obama’s Administration, the Occupational Safety and Health Administration (“OSHA”) announced sweeping changes to its recordkeeping rule, originally to be effective January 1, 2017, which contained a heightened emphasis on injury reporting and anti-retaliation protections.  We wrote about those changes in our Blog on August 4, 2016, which can be accessed here.

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Watching the Clock: California Appellate Court Affirms Rounding Rules

Watching the Clock: California Appellate Court Affirms Rounding Rules

By: Kate Gallen

Recently, the California Court of Appeals affirmed employer-timekeeping practices that round employee work hours to the closest quarter hour are lawful when neutrally applied. In AHMC Health Care, Inc. v. Superior Court, the court interpreted a federal regulation, 29 C.F.R. § 785.48, which permits employers to round employee worktime in a “manner that will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.” The court also relied on a U.S. Ninth Circuit Court of Appeals decision, Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership, which we previously blogged about here.

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U.S. Department of Labor Issues Field Assistance Bulletin on Employee/Independent Contractor Classification for Home Care Workers

U.S. Department of Labor Issues Field Assistance Bulletin on Employee/Independent Contractor Classification for Home Care Workers

By: Lilian Davis

On July 13, 2018, the U.S. Department of Labor (“DOL”) issued a Field Assistance Bulletin (“FAB”) to provide guidance to field-office staff regarding whether caregivers, such as nurses and health aides, qualify under the Fair Labor Standards Act (“FLSA”) as employees of registries that connect caregivers with people who need their services, such as senior citizens or individuals with disabilities and/or certain medical conditions, or are independent contractors. 

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