Showing articles for Phyllis Karasov
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  • E-Alert – City of Saint Paul Enacts Minimum Wage

    11/30/2018 / Phyllis Karasov

    Saint Paul has enacted a phased higher minimum wage ordinance which begins in 2020. The size and type of business determines when the $15 per hour minimum wage applies.

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  • NLRB Issues Proposed Rule on Joint Employer Status

    09/18/2018 / Phyllis Karasov

    On Feb. 26, 2018, the board vacated Hy-Brand after an NLRB Inspector General’s report found that a board member should not have participated in the decision because his former law firm represented one of the parties in Browning-Ferris.

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  • Public Employees Cannot be Required to Pay Fair Share Fees

    06/29/2018 / Phyllis Karasov

    On Wednesday, June 27, 2018 the U.S. Supreme Court upheld Illinois state employee Mark Janus’ challenge of a 1977 Supreme Court case, Abood v. Detroit Board of Education.

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  • Judge Decides that the Minneapolis Sick and Safe Time Ordinance Does Not Apply to Employers Based Outside the City of Minneapolis

    05/16/2018 / Phyllis Karasov

    Judge Mel I. Dickstein ruled that the City of Minneapolis cannot enforce its sick and safe time ordinance against an employer based outside the geographical boundaries of Minneapolis.

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  • U.S. Department of Labor’s Pilot FLSA Self-Audit Plan

    03/12/2018 / Phyllis Karasov

    This week the United States Department of Labor’s Wage and Hour Division (WHD) announced a new six-month pilot program, the Payroll Audit Independent Determination (PAID) program.

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  • Hy-Brand Decision Vacated as Joint Employer Liability Standard

    03/02/2018 / Phyllis Karasov

    In light of a recent report from National Labor Relations Board (NLRB) Inspector General David Berry, the board vacated the Hy-Brand decision, which used a higher standard for determining joint employment.

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  • National Labor Relations Board Reverses Three Obama-Era Policies

    12/19/2017 / Phyllis Karasov

    In the fall of 2017, Republicans comprised a majority of the seats on the National Labor Relations Board (NLRB). We are beginning to see the reversal of many decisions issued by the NLRB under the Obama administration. The following are three significant decisions issued in December of 2017.

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  • What the DOL’s Rescission of Obama Administration Guidance Means for Employers

    06/11/2017 / Phyllis Karasov

    On June 7, 2017, U.S. Department of Labor Secretary Alex Acosta announced that the DOL would withdraw two significant guidance documents issued by the DOL.

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  • Minneapolis, St. Paul Issue Sick and Safe Time Rules

    04/18/2017 / Phyllis Karasov and Nic Puechner

    Minneapolis and St. Paul each issued rules and a collection of frequently asked questions (FAQ) April 1, further clarifying the implementation of each city’s sick and safe time ordinance. The ordinances, which guarantee paid earned sick and safe time for employees working within the cities of Minneapolis and St. Paul, are scheduled to go into effect on July 1, 2017.

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  • Minneapolis City Council Passes Amendments to Sick and Safe Time Ordinance

    10/06/2016 / Phyllis Karasov and Nic Puechner

    On Sept. 23, the Minneapolis City Council unanimously voted to enact several amendments to its Sick and Safe Time Ordinance, which was originally passed on May 27. These amendments come after the city of St. Paul enacted its own Sick and Safe Time Ordinance on Sept. 7.

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  • New St. Paul Ordinance Guarantees Paid Sick and Safe Time Leave for Employees

    09/13/2016 / Phyllis Karasov and Nic Puechner

    On September 7, 2016, the St. Paul City Council unanimously approved an ordinance guaranteeing paid earned sick and safe time for employees working within the city of St. Paul. The new ordinance will take effect July 1, 2017 for employers with 24 or more employees and January 1, 2018 for employers with 23 or fewer employees.

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  • New Minneapolis Ordinance Guarantees Paid Sick and Safe Time Leave for Employees

    07/20/2016 / Phyllis Karasov and Victoria M. Dutcher

    On May 27, 2016, the Minneapolis City Council unanimously approved the Minneapolis Sick and Safe Time Ordinance, which guarantees paid sick and safe time leave for employees working within Minneapolis city limits. The new ordinance will take effect July 1, 2017. While a year remains before affected businesses and organizations must comply with the new ordinance, its sweeping changes will require employers to begin planning in short order. Employers should review existing paid time off and sick leave policies in light of this ordinance.

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  • Drug and Alcohol Testing May be Considered Employer Retaliation

    07/20/2016 / Phyllis Karasov and Victoria M. Dutcher

    On May 12, 2016 the Occupational Safety and Health Administration (OSHA) implemented changes in work-related injury and illness reporting, and retaliation by employers after injury or illness reports. These changes will take effect in two stages, with the anti-retaliation policies effective Nov. 1 and the reporting rule effective Jan. 1, 2017.

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  • Employer Wellness Programs are Validated

    05/20/2016 / Phyllis Karasov

    On Monday, May 16, 2016, the Equal Employment Opportunity Commission (EEOC) finalized rules regarding permissible elements of employer wellness programs. The EEOC published two rules, one of which amended agency regulations implementing Title II of the Genetic Information Nondiscrimination Act (GINA) and the second of which amended the agency’s regulations for implementing Title I of the Americans with Disabilities Act (ADA).

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  • It Can Be Done: An Employer’s Challenge to an OSHA Citation was Recently Upheld by the Eighth Circuit Court of Appeals

    10/21/2015 / Phyllis Karasov, David D. Hammargren and Daniel J. Ballintine

    The U.S. Secretary of Labor (“Secretary”) acts through the Occupational Safety and Health Administration (“OSHA”) to create and enforce workplace health and safety standards. The Occupational Safety and Health Review Commission (the “Commission”) is the final administrative decision maker in federal OSHA claims. Typically, the Commission affirms the Secretary’s interpretation and enforcement of a particular standard. This case is unusual because the employer won: the Commission refused to adopt the Secretary’s interpretation and the Commission’s decision was affirmed by the Eighth Circuit Court of Appeals. In Minnesota, the state OSHA agency enforces most federal OSHA standards. Those states with state OSHA agencies do the same.

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  • New Executive Order Mandates Paid Sick Leave for Employees

    10/01/2015 / Phyllis Karasov and R. Henry Pfutzenreuter IV

    On Labor Day, President Obama issued a new executive order mandating paid sick leave for employees working under federal contracts. The rules outlined in the order, to be further defined by the secretary of labor and Federal Acquisition Regulatory Council over the next several months, will apply to new federal contracts entered into after January 1, 2017. The U.S. Department of Labor will issue regulations concerning the executive order by September 30, 2016. Within 60 days after the Department of Labor issues its regulations, the Federal Acquisition Council will issue regulations concerning the clauses to be included in federal procurement solicitations and contracts.

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  • NLRB Decision Will Impact Staffing Agency Relationships

    09/09/2015 / Phyllis Karasov

    On August 27, 2015, the NLRB issued a long-awaited decision regarding Browning-Ferris Industries of California, Inc. (BFI). In this case the NLRB reversed a longstanding standard defining joint employer status. BFI contracted with Leadpoint to provide certain workers involved in its recycling operation and to clean its facility. Leadpoint recruited, interviewed, tested, selected and hired the employees who performed work for BFI. The agreement between BFI and Leadpoint included provisions which, among other things, required Leadpoint to ensure that its personnel had the appropriate qualifications, including certification and training to perform the general duties of the assigned position, and required Leadpoint to make reasonable efforts not to refer workers who were previously employed by BFI and were deemed ineligible for rehire. BFI had the right to reject any Leadpoint employee or to request the removal of any Leadpoint employee, and to approve all hours worked by Leadpoint employees.

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  • Department of Labor Revises FMLA Forms

    07/29/2015 / Phyllis Karasov, Andrew Moran and Hilda Li

    The Department of Labor (DOL) recently issued revised Family Medical Leave Act (FMLA) forms (available at https://www.dol.gov/whd/fmla/2013rule/militaryForms.htm), which are effective through May 31, 2018. Although employers are not required to use the FMLA forms provided by the DOL, those who do should use the updated forms moving forward. In addition, employers are advised to include the Genetic Information Nondiscrimination Act (GINA) safe harbor language discussed below even when using the revised FMLA forms.

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  • Privacy Chapter, Business Disputes: Claims and Remedies Deskbook

    07/24/2015 / Phyllis Karasov

    Phyllis Karasov, a leading employment and labor attorney in the Twin Cities, was recently published by Minnesota Continuing Legal Education.

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  • DOL Seeking Comments on Proposed Amendments to FLSA “White Collar” Exemptions

    07/13/2015 / Phyllis Karasov, Daniel J. Ballintine and Patrick Kratz

    On June 30, 2015, The U.S. Department of Labor (“DOL”) released a Notice of Proposed Rulemaking, proposing changes intended to modernize and streamline exemptions to the minimum wage and overtime pay requirements of the Fair Labor Standards Act (“FLSA”). The FLSA guarantees a minimum wage and overtime pay at a rate of not less than one and one-half times the employee’s regular rate for hours worked over 40 in a workweek. The FLSA also provides a number of exemptions, including the so-called “white collar” exemptions. Current regulations exempt salaried employees who are paid a minimum of $455 per week ($23,660 per year) and who qualify as executive, administrative, professional, outside sales, and/or computer employees.

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Showing Results 1 - 20 of 26
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