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NLRB Decision Will Impact Staffing Agency Relationships
On August 27, 2015, the NLRB issued a long-awaited decision regarding Browning-Ferris Industries of California, Inc. (BFI). In this case the NLRB reversed a longstanding standard defining joint employer status. BFI contracted with Leadpoint to provide certain workers involved in its recycling operation and to clean its facility. Leadpoint recruited, interviewed, tested, selected and hired the employees who performed work for BFI. The agreement between BFI and Leadpoint included provisions which, among other things, required Leadpoint to ensure that its personnel had the appropriate qualifications, including certification and training to perform the general duties of the assigned position, and required Leadpoint to make reasonable efforts not to refer workers who were previously employed by BFI and were deemed ineligible for rehire. BFI had the right to reject any Leadpoint employee or to request the removal of any Leadpoint employee, and to approve all hours worked by Leadpoint employees.
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Department of Labor Revises FMLA Forms
The Department of Labor (DOL) recently issued revised Family Medical Leave Act (FMLA) forms (available at https://www.dol.gov/whd/fmla/2013rule/militaryForms.htm), which are effective through May 31, 2018. Although employers are not required to use the FMLA forms provided by the DOL, those who do should use the updated forms moving forward. In addition, employers are advised to include the Genetic Information Nondiscrimination Act (GINA) safe harbor language discussed below even when using the revised FMLA forms.
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Privacy Chapter, Business Disputes: Claims and Remedies Deskbook
Phyllis Karasov, a leading employment and labor attorney in the Twin Cities, was recently published by Minnesota Continuing Legal Education.
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DOL Seeking Comments on Proposed Amendments to FLSA “White Collar” Exemptions
On June 30, 2015, The U.S. Department of Labor (“DOL”) released a Notice of Proposed Rulemaking, proposing changes intended to modernize and streamline exemptions to the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). The FLSA guarantees a minimum wage and overtime pay at a rate of not less than one and one-half times the employee’s regular rate for hours worked over 40 in a workweek. The FLSA also provides a number of exemptions, including the so-called “white collar” exemptions. Current regulations exempt salaried employees who are paid a minimum of $455 per week ($23,660 per year) and who qualify as executive, administrative, professional, outside sales, and/or computer employees.
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Supreme Court’s Decision Regarding Marriage Equality May Require Some Employers to Take Immediate Action
On June 26, 2015, the U.S. Supreme Court, in a 5-4 decision, legalized same-sex marriage nationwide. Fourteen states with bans on same-sex marriage are affected by this decision.
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National Labor Relations Board Update
The National Labor Relations Board (NLRB) recently published a decision affecting the right of employees to use an employer’s e-mail system to discuss wages, hours and working conditions, and issued a new rule accelerating the time period for an election when a labor union has filed a representation petition.
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Why Employers Should be Concerned about the NLRB General Counsel’s McDonald’s Decision
On July 29, 2014, the National Labor Relations Board General Counsel announced that he would authorize complaints against McDonald’s USA, LLC in over 40 unfair labor practice cases where the legal employers were McDonald’s franchisees. Many employers have incorrectly assumed that this development is relevant solely to franchisors and franchisees. However, the NLRB’s decision in this matter has potential to cause significant ripples in a number of industries.
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Action Steps for Employers in Light of the Women’s Economic Security Act
On Mother’s Day 2014, Governor Mark Dayton signed the Women’s Economic Security Act (“WESA”). WESA makes significant changes to existing law and also creates new law on several subjects. This article will focus on steps employers should take to comply with WESA.
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The New Medical Cannabis Act and Drug Testing in Minnesota
On May 29, 2014 Governor Mark Dayton signed the new Medical Cannabis Act. The Act amends Minnesota criminal statutes to protect patients who enroll in a state registry program to use or possess marijuana. Patients who are diagnosed with a qualifying medical condition by a health care practitioner and have met other statutory requirements must register with the Minnesota Department of Health in order to possess or use medical cannabis. The Commissioner of Health will assign an identification number to each patient enrolled in the registry program.
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Minnesota’s New Women’s Economic Security Act
The new Women’s Economic Security Act signed into law by Governor Mark Dayton will have significant impact on Minnesota employers, creating a new protected class of employees and more administrative responsibility and paperwork.
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