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In a rebuff to insurance agents who pleaded that their commissions should not be included in the administrative expense ratio of health insurance policies, the Department of Health and Human Services (HHS) on Friday (Dec. 3, 2011) issued final regulations locking in stone the 80/20 ration envisioned by the Patient Protection and Affordable Care Act (PPACA).
Instead of excluding them, the HHS fi...
By a 2-to-1 vote along party lines, the National Labor Relations Board (NLRB) yesterday passed a "Chairman's Resolution" that consolidates many of the administrative and legal wranglings that typically occur leading up to a vote on union organizing at a worksite.
The six amendments in the resolution are "all aimed at reducing unnecessary litigation in election cases before th...
Eight states are set to raise their minimum hourly wage rates on Jan. 1, 2012, with Washington topping the list at $9.04 an hour, but San Francisco is the lone governmental entity with a minimum wage above the 10-dollar range.
Though other cities enforce "living wages" for businesses that do contracted work for them, San Francisco enforces a general minimum wage on all enterprises, an...
Human resource and employment law professionals are urging businesses to review their employee handbooks for the upcoming year in light of several changes in the field of social media policy over the past 12 months.
As many of you know, the National Labor Relations Board—in addition to mandating a new Employee Rights Poster—has clarified what is considered "protected concerted ...
Federal appeals courts have ruled differently on the issue of whether pharmaceutical sales representatives are or are not exempt from the overtime pay provision of the Fair Labor Standards Act (FLSA), so today the U.S. Supreme Court agreed to consider the issue.
The case in question is Christopher v. SmithKline Beecham Corp. Christopher and other such plaintiffs argue that their positions do no...
Although the Occupational Safety and Health Administration (OSHA) has issued no standard on workplace violence, it has cited certain companies for failure to prevent violence under section 5(a)(1) of the OSH Act, generally known as the general duty clause.
Stepping into the breach to prevent future incidents of violence, especially homicide, OSHA has instructed its inspectors on when it is prop...
A smartphone app introduced by the Occupational Safety and Health Administration (OSHA) to measure heat safety in work environments reportedly cost $200,000 to develop and returns inaccurate readings of temperatures.
Of course, this information comes courtesy of a hacker who runs a job board called gun.jo and whose name is Rich Jones.
"When I first tried the application, it told me that it...
The Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contractor Compliance Programs (OFCCP) have signed a new memorandum of understanding (MOU) to settle jurisdictional issues that arise when overlapping discrimination claims are filed. Generally, this occurs when the discrimination charge reported to the OFCCP involves violations of Title VII of the Civil Rights Act of ...
The National Labor Relations Board (NLRB), which is down to three members and faces a Dec. 31 drop-dead date when there will be just two members, has scheduled a vote on Nov. 30 on expedited rules for union organizing elections.
When the NLRB, due to a conflict between the White House and Congress, was reduced to two members under President George W. Bush, the Supreme Court ruled that a non-maj...
The VOW to Hire Heroes Act has passed the House unanimously after the Senate earlier amended it. President Obama intends to sign it soon.
Originally part of the failed American Jobs Act, the bill establishes tax credits for businesses that hire unemployed veterans and was included as an amendment to tax legislation that passed earlier this fall.
The measure provides up to a $5,600 tax cre...
Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.
U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules
On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...
NLRB General Counsel Takes Action to Tackle Current Case Backlog
On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...
Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data
Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...
DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws
In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...
DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know
The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.