Articles by WorkWise Compliance team

March 25, 2015
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SCOTUS Sides with Pregnant Driver in Long-Running UPS Lawsuit

The Supreme Court, in a 6-3 decision, has sided with former UPS driver Peggy Young in her legal efforts against her former employer, whom she accused of discrimination because it refused to put her on lighter duty when she was pregnant. Ms. Young twice lost in lower courts in her effort to sue UPS for back pay and damages, but the case will now be retried after the SCOTUS decision. The two lo...
March 24, 2015
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DOL Surveys Working Women Nationwide | WWC

The Women's Bureau of the Department of Labor (DOL) is seeking public commentary for its Survey of Working Women “in order to identify employment issues and challenges currently facing women, including their perceptions on career choice and overall equity in the workplace.” The last "Working Women Count!" survey was conducted in 1994, and the request for comments from working women notes that ...
March 24, 2015
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NLRB Issues Guidance on Employee Handbooks | WWC

The Office of the General Counsel for the National Labor Relations Board (NLRB) has issued Memorandum GC 15-04, which aims to discuss "cases raising significant legal or policy issues" when it comes to employee handbooks. In the memorandum, which is fairly lengthy at 30 pages, Richard F. Griffin Jr., the general counsel, warns that his office (and the NLEB) will generally find rules contained ...
March 23, 2015
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Obamacare Five Years Old Today | WWC

While Democrats were singing its praises, Republicans in Congress were working on a measure to present to the president to end it (however unlikely that he'd ever sign it). "It," of course, is the Affordable Care Act (ACA), commonly referred to as Obamacare, which celebrated its fifth year of existence on March 23, 2015, having been signed into law on the same day in 2010 by President Obama. ...
March 23, 2015
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EEOC Proposes Rule on Company Wellness Programs | WWC

The Equal Employment Opportunity Commission (EEOC) on March 20 voted to send a Notice of Proposed Rulemaking (NPRM) on the interplay of the Americans with Disabilities Act (ADA) and the Affordable Care Act (ACA) with respect to wellness programs to the White House Office of Management and Budget (OMB) for clearance. This proposed rule, which was approved by a bipartisan vote, would amend the r...
March 22, 2015
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New Overtime Rules to Take 'a Few More Months' | WWC

Testifying before Congress, Department of Labor (DOL) Secretary Thomas Perez acknowledged that it will take "a few more months" for his department to rewrite the rules for who is eligible for overtime at work. "We want to make sure that our proposal, which we expect to release in the coming months, is informed by as many stakeholder views as possible," Perez told the House Education and Workfo...
March 19, 2015
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Emerald City Wins Minimum Wage Battle Over Franchisees | WWC

A federal judge in Seattle has rejected a lawsuit by city-based franchisees that sought to delay implementation of the Emerald City's looming $15-an-hour minimum wage law. At issue was the minimum wage measure's inclusion of franchises in the large company category (500 or more employees), meaning that McDonald's and other franchisees have to establish the $15-an-hour wage in three years, whil...
March 19, 2015
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Target to Follow WalMart's Minimum Wage Lead | WWC

After earlier announcing it was trimming its workforce by 1,700 positions, Target has jumped on the minimum wage bandwagon by matching WalMart's hourly wage minimum of $9 this year and $10 in 2016. The first increase is set for April. The retailer already pays its employees more than the minimum wage, so it was not immediately clear how many employees would be affected. Target operates about 1...
March 17, 2015
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McDonald's Workers Nationwide Blow Whistle on Safety Violations

Workers at McDonald's in 19 cities have filed safety complaints with the Occupational Safety and Health Administration (OSHA). The complaints involve allegations of severe burns on the job caused by hot oil, hot grills and greasy, slippery floors. McDonald's said it would review the allegations and noted that its franchisees "are committed to providing safe working conditions for employees in...
March 17, 2015
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Final Rules Issued on Excepted Benefits | WWC

The Departments of Labor, Health and Human Services, and Treasury have published final rules to amend the definition of excepted benefits to include certain limited coverage that wraps around individual health insurance. Such coverage would have to be specifically designed to provide meaningful benefits such as coverage for expanded in-network medical clinics or providers, reimbursement for the...