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Wages and Hours

N.Y. Attorney General Blisters Banks in Scathing Report to Congress

July 31, 2009
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Although banks claim to link pay to performance, Andrew Cuomo accused the firms of failing ‘to follow any objective or consistent principles’ in setting pay, which he called ‘simply a one-way ratchet up. … Large payouts became a cultural expectation at banks and a source of competition among the firms.’
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Supreme Court Puts Age Bias Burden of Proof on Plaintiff Font size=1UPDATED July 8, 2009-font size

June 18, 2009
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The chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, called the decision an ‘overreaching by a narrow majority’ that would hurt older employees.
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SHRM, Democrats Tangle Over Paid-Sick-Days Bill

June 11, 2009
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The HR organization’s China Miner Gorman warns that the legislation mandating paid sick days would foist new requirements on employers that could turn out to be as difficult and costly to administer as the Family and Medical Leave Act—whose 200 pages of regulations she held up at the hearing.
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Stiffing Interns on a Paycheck Could Cost in the End

May 14, 2009
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The National Association of Colleges and Employers found that 98.6 percent of the internships offered by organizations that responded to a recent survey are paid. A previous study found that unhappy interns tended to be unpaid interns.
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Compensability of Job-Related Training

May 4, 2009
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Employers are advised that job-related training is compensable if required as a condition of employment or continued employment. In determining whether time devoted to training must be paid, careful consideration should be given to applicable regulations.
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DOL Opinion on Pay for Study Time

May 4, 2009
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When the completion of homework, including reading and preparing for future classes, programs or seminars is required, time spent by an employee completing assignments for such training is compensable.
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A Behavioral Leadership Approach to Workplace Problems

April 23, 2009
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Commentary: Most organizations that are concerned about increases in litigation, EEOC charges and potential union organizing activity look at each area of new or enhanced risk and devise separate strategies to address them. But they often are attacking the symptoms, not the real and very common problem: leadership misbehavior. Here is a more holistic approach to the workplace issues that keep you up at night.
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Court Rules for FedEx in NLRB Case

April 22, 2009
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The court’s majority opinion cited drivers’ abilities to operate multiple routes, hire substitute drivers without FedEx’s permission and sell routes as well as their contract as reasons for ruling they are independent contractors.
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Democrats Vow to Strengthen Wage Enforcement Agency

March 26, 2009
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A Government Accountability Office investigation finds that the Labor Department’s Wage and Hour Division often ignores complaints.
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Companys Deposition Questions of Employee Violated NLRA

March 6, 2009
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Activity protected under Section 7 of the National Labor Relations Act extends beyond questioning by the employer of the employee at work. The National Labor Relations Board’s holding in this case appears to broaden the NLRA’s protections to any questioning by the employer of the employee’s union activities, regardless of context.
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