Articles by Girish Anand

February 21, 2013
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Former Hostess Employees Certified for Trade Adjustment Assistance

The Department of Labor (DOL) has announced that approximately 18,000 workers laid off in 48 states from 864 Hostess company locations are eligible to apply for Trade Adjustment Assistance (TAA). "As President Obama said in his State of the Union address, 'to grow our middle class, our citizens must have access to the education and training that today's jobs require,'" sai...
February 20, 2013
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Supreme Court to Hear Donning and Doffing Case

The Supreme Court has opted to consider an appeal of a 7th Circuit Court decision that donning and doffing personal protective equipment (PPE) is not a "principal activity" that triggers the start of the workday, and time so spent thus does not have to be compensated. The case, Sandifer, et al. v. U.S. Steel Corp., will be argued during the term beginning in October 2013. The union re...
February 20, 2013
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ADAAA Settlements on the Rise

Since the adoption of the Americans with Disabilities Amendments Act (ADAAA) in 2008, there has been a dramatic increase in disability claims and settlements based on the ADAAA's expanded definition of disability. According to an analysis of Equal Employment Opportunity Commission (EEOC) statistics by Warren and Associates: Settlements related to claims of disability discrimination based ...
February 16, 2013
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California Partners with the DOL to Combat Worker Misclassification

California this month became the 12th state to enter into a memorandum of understanding (MOU) with the Department of Labor (DOL) to fight the widespread employer practice of misclassifying workers as independent contractors. "This memorandum of understanding helps us send a message: We are standing together with the state of California to end the practice of misclassifying employees,"...
February 13, 2013
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EEOC Seeks Input on Service Quality

The Equal Employment Opportunity Commission (EEOC) has announced that it is inviting public input into a Quality Control Plan (QCP) under development as part of its Strategic Plan. In February 2012, the EEOC approved a Strategic Plan for fiscal years 2012-2016.  This Strategic Plan establishes a framework for achieving the EEOC's mission to stop and remedy unlawful employment disc...
February 12, 2013
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Whistleblower Protection for Seamen Extended to OSHA

The Occupational Safety and Health Administration (OSHA) has published interim final rules that establish procedures governing whistleblower complaints filed under the Seaman’s Protection Act. The act protects seamen from retaliation for engaging in protected activity under the Act, including providing information to the government about an alleged violation of maritime safety laws or reg...
February 7, 2013
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DOL Publishes Final Rule on Military, Flight Crew FMLA Leave

The Department of Labor (DOL) has published a final rule to implement changes to the Family and Medical Leave Act (FMLA) regarding leave for caregivers for families of servicemembers and for flight crews. The rule reads: This Final Rule amends certain regulations of the Family and Medical Leave Act of 1993 (the FMLA or the Act) to implement amendments to the military leave provisions of the A...
February 6, 2013
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DOL Releases Trio of Reports on the FMLA

On the 20th anniversary of the act's signing date, the Department of Labor (DOL) yesterday released a trio of new surveys on the effect and effectiveness of the Family and Medical Leave Act (FMLA). In introducing the reports, the DOL's website noted: The nation now has two decades of experience with the Family and Medical Leave Act. That experience — including both employer work...
February 5, 2013
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FMLA Celebrates Its 20th Anniversary Today

The Family and Medical Leave Act (FMLA) celebrates its 20th anniversary today, Feb. 5, 2013. The FMLA provides up to 12 weeks of unpaid leave for employees with health concerns affecting either themselves or those they care for and up to 26 weeks of leave to care for related service members when the employer has a workforce of 50 or more. "The Family and Medical Leave Act codified a simple...
February 4, 2013
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SBA Launches Affordable Care Act Website

The Small Business Administration (SBA) has launched a new Web page and blog dedicated to educating small business owners about the Affordable Care Act (ACA). The new tools will serve as a gateway for small business owners connecting them with information provided by SBA’s federal partners responsible for implementing the law, including the Department of Health and Human Services (HHS). &...