Articles by Girish Anand

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Association Retirement Plans (ARPs) Take Effect Today

September 30, 2019
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A final rule issued by the Department of Labor (DOL) in July allowing for companies to more easily establish Multiple-Employer Plans (MEPs) to offer retirement benefits takes effect today, Sept. 30. The Trump DOL is now calling these collective efforts Association Retirement Plans (ARPs), explaining: Under the rule, ARPs could be offered by associations of employers in a city, county, state...
September 30, 2019
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Tesla and Elon Musk Chided for Violating Labor Law

California Administrative Law Judge Amita Baman Tracy has ruled that Tesla -- and founder Elon Musk -- violated the National Labor Relations Act (NLRA) numerous times in 2017 and 2018 by threatening workers who sought to unionize. A Musk tweet in May 2018 maintained: "Nothing stopping Tesla team at our car plant from voting union. Could do so tmrw if they wanted. But why pay union dues and g...
September 28, 2019
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OSHA Revives Beryllium Standard, Won't Repeal It

The Occupational Safety and Health Administration (OSHA) has finalized its June 27, 2017, proposal to revise the construction and shipyards standards for beryllium. In the final rule, to be published on Sept. 30, 2019, OSHA: Does not implement the proposal to revoke all of the standards’ ancillary provisions; but Extends the compliance dates for the ancillary provisions to September ...
September 27, 2019
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Top 10 OSHA Violations (Preliminary, FY 2025)

At the National Safety Council (NSC) meeting this month, the annual list of the Top 10 Violations by the Occupational Safety and Health Administration (OSHA) were previewed by Patrick Kapust, deputy director of OSHA's directorate of enforcement programs. The Top 10 for FY 2019* are: Fall Protection – General Requirements (1926.501) -- 6,010 Hazard Communication (1910.1200) -- 3,671 ...
September 26, 2019
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Scalia Confirmed as Labor Secretary

UPDATE: Eugene Scalia was sworn in as Labor Secretary on Monday, Sept. 30, 2019. Much to the chagrin of the opposition party, Republicans in the Senate today approved the nomination of Eugene Scalia, son of the late Supreme Court conservative icon Antonin Scalia, to become Department of Labor (DOL) Secretary. The vote was along pure party lines, 53-44. 

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Facebook Ad Targeting Ensnares 7 Companies for Employment Discrimination

September 25, 2019
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Following a decision it reached today, the Equal Employment Opportunity Commission (EEOC) said it is reaching out to arrange settlements with seven companies that it found used targeting in Facebook ads to discriminate against hiring women and older users. The EEOC said it found “reasonable cause” to believe that the seven violated Title VII of the Civil Rights Act or the Age Discrimination ...
September 24, 2019
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Overtime Threshold Set at $35,568 a Year

Raising the ante slightly on its original proposal, the Department of Labor (DOL) today published its final overtime rule, setting the salary exemption threshold at $35,568 a year, or $684 a week. The original proposal was for $35,308 annually, or $679 a week. Acting Labor Secretary Patrick Pizzella The rule takes ef...

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Marijuana Workers Entitled to Protections of FLSA, Court Affirms

September 23, 2019
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The U.S. 10th Circuit Court of Appeals in Colorado has ruled that workers in the marijuana industry, which is legal in that state, are covered by the Fair Labor Standards Act (FLSA), even though marijuana is still illegal under the federal Controlled Substances Act (CSA). The case the justices heard involved an argument by a Colorado securities services firm -- Helix TCS Inc. -- that it need...
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Nevada's 'Do Not Sell' Law to Kick in Before California's CCPA

September 23, 2019
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Less sweeping but still challenging to web operators, Nevada's "Do Not Sell" privacy law takes effect next Tuesday, Oct. 1, while California's more heralded CCPA -- California Consumer Privacy Act -- will debut on New Year's Day 2020. The Nevada act requires operators of websites to establish a procedure whereby Nevada residents can opt out of data sales of personal information they have pro...
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Student Workers Are Not Employees, NLRB Proposes

September 20, 2019
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The National Labor Relations Board (NLRB) will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register on Sept. 23, 2019, proposing a rule regarding students. Addressing a recurring question regarding the definition of “employee” under Section 2(3) of the National Labor Relations Act (NLRA), the proposed rule would exempt from the NLRB’s jurisdiction undergraduate and graduate st...