On October 6, the New York Department of Labor (NYDOL) issued slightly revised emergency regulations (first adopted on October 13, 2009 and subsequently extended on February 3, 2010, April 28, 2010 and July 9, 2010). The revised emergency regulations are effective until January 3, 2011. As we reported in prior issues of the New Jersey eAuthority, these regulations: 1) clarify circumstances under which various types of emergencies will allow health care employers to use mandatory overtime to cover nurse staffing needs; (2) set forth the minimum elements to be addressed in the required Nurse Coverage Plan; and (3) require that the Plan be posted and made available to the Commissioner, nursing staff and their employee representatives. The most notable change of the revised regulations sets forth two additional minimum elements to be addressed in the required Nurse Coverage Plan. The Plan now must: 1) identify the supervisor or administrator who will make the final determination as to whether mandatory overtime is necessary and 2) if the health care employer does not utilize mandatory overtime, the employer must maintain documentation of such efforts to avoid the use of mandatory overtime and provide such documentation, upon request, to the nurse (or the nurse’s collective bargaining representative) who is required to work mandatory overtime.
On January 15, 2019, the Supreme Court of the United States held that the Federal Arbitration Act (FAA) did not apply to wage claims brought by an interstate truck driver, even though the plaintiff was classified as an independent contractor.
Any employer that implemented reductions in force or layoffs after 2008 should consider filing refund claims for the Federal Insurance Contributions Act (FICA) taxes paid on severance benefits based on a recent Sixth Circuit Court of Appeals decision. In United States v. Quality Stores, Inc., No. 10-1563 (September 7, 2012),…..
E-Verify, the Internet-based system operated by United States Citizenship & Immigration Services (USCIS) that allows employers to verify the employment eligibility of employees, is currently voluntary at the federal level. However, certain states have acted to require some or all employers to use the system. Arizona has the most sweeping law, requiring all employers to