The National Labor Relations Board (the “Board”) has always been somewhat political. At full complement, the Board consists of fi ve members, nominated by the President and appointed to the Board with the “advice and consent” of the Senate. When the Board is interpreting the National Labor Relations Act (the […]
Labor & Employment Law Update
Nebraska Supreme Court Holds PTO Same as Vacation
The Nebraska Supreme Court, in a ruling on Friday, held that a Paid Time Off (PTO) plan which is indistinguishable from vacation leave in its drafting and application requires that PTO hours be paid out upon separation from employment under the Nebraska Wage Payment and Collection Act. Two former […]
State Specific Developments: March 2013
Iowa: A transgender Iowa City woman, born male and presenting as female, recently prevailed in the civil rights complaint she filed with the Iowa Civil Rights Commission after a sheriff’s deputy ordered her to leave a women’s restroom at the courthouse, according to the Iowa City Press-Citizen. A state administrative […]
New Guidelines on Preventative Care Benefits
The Departments of Labor, Health and Human Services, and Treasury recently issued guidance in the form of frequently asked questions (“FAQs”) that clarify and expand the rules regarding preventive care benefits that non-grandfathered group health plans must provide to a participant with no cost-sharing. Specifically, the new guidance addresses the […]
Patient Protection and Affordable Care Acts Adds Employee Retaliation Protections
Employers addressing the variety of new obligations imposed by the Patient Protection and Affordable Care Act (“PPACA”) should also be aware of the PPACA’s whistleblower protection amendment to the Fair Labor Standards Act (“FLSA”). The U.S. Department of Labor published its interim final regulations governing the employee whistleblower protection of […]