Polsinelli at Work | Labor & Employment Blog
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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.Read More
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.Read More
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.Read More