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Employment Law

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Get ready, New York ­employers. New developments will affect how and how much you pay your employees. The state minimum wage will soon increase and the NYSDOL has proposed new regulations on wage deductions.
Gov. Rick Perry has signed legislation providing important protections for employers facing negligent hiring or supervision claims. The new law also makes it more attractive for ­employers to hire applicants with criminal records.
Q. An employee of ours accused a co-worker of threatening him with physical harm. When we confronted the accused employee, he attributed the behavior to his psychological disorder and to a recent change in his prescription. We would like to verify the em­­ployee’s claims. Are we permitted to ask the em­­ployee for medical certification of his disability and a doctor’s statement regarding his prescribed medications?
The Southern and Eastern Federal Districts of New York are among the top five districts nationwide for FLSA lawsuits.
A former Port Arthur chemical company president has pleaded guilty to occupational safety crimes in federal court. The former head of Port Arthur Chemical and Environmental Services admitted to violating OSHA by allowing a driver to haul a load so toxic it killed him.
Here’s a new twist on protected activity and retaliation: Apparently an employee can complain about wage-and-hour issues to the wrong agency—even one that has nothing to do with enforcing labor laws—and still gain protection from retaliation.
Q. If we use independent contractors as drivers/couriers, can they use our company cars?
Good news: A court has cut off one path to a wrongful discharge case in North Carolina. While courts have allowed claims of wrongful discharge in violation of public policy, such lawsuits actually require that the employer fire the employee rather than merely threaten to do so.
The U.S. Supreme Court in June issued two highly anticipated decisions addressing same-sex marriage in cases that resonated nationwide and in California. The cases are significant for employers because they are likely to have ripple effects on state, federal and local laws, in particular those dealing with employee benefit plans, taxation and immigration.
As promised, the IRS has released guidance on the implications of the Obama administration’s decision to wait until 2015 before enforcing the Affordable Care Act’s requirement for employers of 50 or more to provide health insurance benefits.
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