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May 12, 2015

Court Extends Proportionality Principle to Duty to Preserve

In Lord Abbett Mun. Income Fund., Inc v. Asami, No. C-12-03694 DMR (N.D. Cal. Oct. 29, 2014), United…

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May 15, 2015

Senators Urge President to issue "Model Employer" Executive Order

On Friday, May 15, 18 Democratic Senators sent a letter to President Obama calling for him to issue an executive order that would make the federal government a "model employer."

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May 14, 2015

NLRB Chairman Pearce and GC Griffin Face Grilling by Senate Appropriations Committee

NLRB Chairman Mark Pearce and General Counsel (GC) Richard Griffin indicated the Board has no plans to deviate from the pro-organized labor tack they have been pursuing for quite some time.

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May 12, 2015

Restaurant Franchisor and Franchisee are not Joint Employers, According to NLRB Advice Memo

The NLRB's Office of the General Counsel recently issued a memorandum of advice that concluded a franchisee, franchisor, and the franchisor's development agent were not joint employers under the NLRA.

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May 11, 2015

Transient Nature of Industry and Public Policy Found to Be Persuasive Factors in Significantly Reducing Form I-9 Penalties Against Horse Racing Stable

An Administrative Law Judge with the Office of the Chief Administrative Hearing Officer (OCAHO) recently penned a decision slashing Form I-9 penalties against a Kentucky-based trainer of thoroughbred race horses.

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May 6, 2015

DOL and DHS Issue Interim Final Rule for H-2B Visa Program

The DHS and the DOL have jointly announced a new interim final rule governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment under the H-2B visa category.

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May 6, 2015

DOL Sends Proposal to Narrow Overtime Exemptions to the White House

On May 5, 2015, Secretary of Labor Perez announced that the DOL has submitted the proposed changes to the overtime regulations to the White House’s Office of Management and Budget (OMB) for approval.

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April 30, 2015

Philadelphia Issues Employer Poster for New Paid Sick Leave Ordinance and Creates New Agency for Enforcement

The Managing Directors Office for the City of Philadelphia has issued the notification poster for employers to use to comply with the new “Promoting Healthy Families and Workplaces” Ordinance.

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April 29, 2015

Bill Seeks to Repeal Excise Tax on "Cadillac" Health Plans

On April 28, 2015, Rep. Joe Courtney (D-CT) introduced legislation (H.R. 2050) to eliminate the 40% excise tax on high-premium "Cadillac" health insurance plans.

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April 29, 2015

Second Circuit Expands Prior Interpretation of FLSA's Anti-Retaliation Provision to Include Internal Complaints to Employer

On April 20, 2015, the U.S. Court of Appeals for the Second Circuit ruled that internal complaints to an employer are now protected from retaliation under the Fair Labor Standards Act.

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