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- Labor and Employment Alert: Court Finds That a Company’s Clear Wage-Hour Policy Defeats a Claim For Unpaid OvertimeA recent case from the Fifth Circuit Court of Appeals highlights the importance of well-drafted and strictly enforced wage-hour policies. In Ambrea Fairchild v. All American Check Cashing, Inc., 811 F.3d 776 (5th Cir. 2016), All American’s overtime policy prohibited hourly employees from working overtime without prior approval and required employees to accurately report all of their hours worked in its timekeeping system.
- Labor and Employment Alert: For Want Of A Nail: Without a Disclaimer, Employee Handbook May Create a ContractA recently decided case from an Ohio Court of Appeals breathes life into that proverb, teaching companies the importance of having a properly drafted employee handbook.
- Labor and Employment Alert: Philadelphia Makes it Even Harder for Employers to Conduct Criminal Background ChecksAs originally enacted in 2012, Philadelphia’s ban-the-box law applied to employers with at least 10 employees within the city. The law allowed employers to conduct criminal background checks on applicants after the first interview and employers could review an applicant’s entire criminal history.
- Client Alert: Another Federal Regulator Steps Up Data Security Enforcement: CFPB Fines Online Payment Processor Dwolla for Lax Data SecurityOn March 2nd, the Consumer Financial Protection Bureau (CFPB) announced a $100,000 penalty and settlement with online payment processor Dwolla, Inc. (Dwolla) for weak data security practices.
- Oil and Gas Alert: Local Initiative Power is Limited by the Home Rule Amendment: City of Broadview Heights Community Bill of Rights is InvalidThe Eighth District Court of Appeals recently struck down the Broadview Heights Community Bill of Rights as an invalid exercise of the home rule authority. The Community Bill of Rights, also known as Article XV of the City Charter, banned new oil and gas drilling and limited operation of current wells in the city. It also made it illegal to challenge Article XV as preempted by state law.
- Labor and Employment: EEOC Announces it will Release Employers’ Position Statements to Charging PartiesThe Equal Employment Opportunity Commission (EEOC) recently announced that it will now release employers’ position statements and non-confidential exhibits to charging parties as a matter of course during its investigations.
- On February 18, 2016, the Oregon legislature amended its minimum wage law with a unique, tiered approach. The intent is to balance the needs of the rural, farming communities with that of the growing Portland area. No other state has taken this approach to increasing its minimum wage.
- We understand that incoming calls from reporters and media outlets can be scary. It’s natural to not want to comment and, instead, ignore the reporter’s call.
- On February 12, 2016, West Virginia enacted the Workplace Freedom Act, becoming the 26th state to enact right-to-work legislation (after Alabama, Arizona, Arkansas, Florida, Georgia, Indiana, Iowa, Idaho, Kansas, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin and Wyoming).
- Energy and production companies seeking to develop an unconventional natural gas well site in Western Pennsylvania undoubtedly are familiar with the local zoning ordinance and well permit challenges being brought by those opposed to hydraulic fracturing.
- At the beginning of each government fiscal year, which starts October 1, the U.S. Citizenship and Immigration Services (USCIS) makes available an allocation of new H-1B visas. In general, the H-1B visa classification permits a foreign national to work in the United States for a temporary period in a “specialty occupation.”
- In January 2016, Cincinnati became the first city in Ohio to enact a law prohibiting “wage theft” and “payroll fraud” in city contracts. The ordinance applies to city contracts in excess of $25,000, including those involving community reinvestment area tax abatements, job creation tax credits, commercial loans, and conveyances of land for less than fair market value.
- Client Alert: CMS Final Rule Clarifies and Eases Obligation to Report and Return Medicare OverpaymentsOn February 11, 2016, Medicare regulators issued a final rule that relaxes the obligations for doctors and hospitals to report and return Medicare overpayments (RIN 0938-AQ58, CMS-6037-F).
- Health Care Alert: Proposed Updates to Federal Confidentiality of Alcohol and Drug Abuse Patient Records RegulationsOn Tuesday, the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) published a proposed rule which would amend the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, found in 42 C.F.R. Part 2.
- Client Alert: President Obama Issues Executive Orders Establishing the Federal Privacy Council and Commission on Enhancing National CybersecurityAs part of an ongoing effort to improve the federal government’s cybersecurity practices, President Barack Obama signed two executive orders this week establishing a Federal Privacy Council to be filled by Senior Agency Officials from at least 24 federal agencies, and a Commission on Enhancing National Cybersecurity, to be composed of up to 12 members appointed by the President.
- On February 1, 2016, Senator Bill Seitz (R-Cincinnati) introduced Senate Bill 268 in the Ohio General Assembly to significantly overhaul Ohio’s civil rights law.
- Oil and Gas Alert: EPA Proposes Amendments to GHG Reporting Rule for the Oil and Natural Gas IndustryOn January 29, 2016, USEPA proposed amendments to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule, 40 CFR Part 98, subpart W (GHG Reporting Rule).
- On January 20, 2016, the U.S. Department of Labor Wage & Hour Division (WHD) issued an Administrator’s Interpretation on joint employment under the Fair Labor Standards Act (FLSA) and the Migrant Worker Protection Act (MWPA).
- On February 3, 2016, the Pennsylvania Environmental Quality Board approved revisions to Pennsylvania’s natural gas regulations which, in part, would create a new regulatory chapter covering unconventional natural gas wells.
- On February 1, 2016, the Equal Employment Opportunity Commission (EEOC) published proposed revisions to its Employer Information Report (the EEO-1) that are intended to “assist the agency in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.”
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