Last week, the owner of a New Hampshire gunpowder manufacturing company, Black Mag LLC, was sentenced by a jury to 10 to 20 years in prison. This sentence comes following his October 23, 2013 conviction on two counts of manslaughter as a result of the deaths of two employees—Jesse Kennett and Don Kendall.
March 2014 Should Roll in Like a Lion: Department of Labor Expected to Roar Pursuant to Regulatory Agenda
The Department of Labor rolled out its fall regulatory agenda on November 26, indicating that it plans on issuing two high-profile and potentially controversial rules in March 2014. The first rule would revise the definition of spouse as used in the Family and Medical Leave Act (“FMLA”) and the second rule would expand reporting requirements for employers who hire labor relations consultants to combat employee attempts to form a union.
Ms. Muller’s former employer, KNF&T Staffing, Inc. (“KNF&T”) has the dubious distinction of creating some clarity regarding the enforceability of non-competition clauses in the context of social media activity. The Superior Court denied the company’s request for a preliminary injunction and in a footnote, stated that Ms. Muller’s LinkedIn profile did not violate her covenant not to compete. KNF&T Staffing, Inc. v. Charlotte Muller and Panther Global Group, Inc. and Total Clerical Services, Inc. No. 13-3676-BLS1 (Mass. Super. Ct. Oct. 24, 2013).
When Corporations Find Religion Redux: Supreme Court Grants Review of ACA Religious Contraceptive Issue
On Monday we posted When the Company Gets Religion: Contraceptive Mandate Blocked by the Seventh Circuit and provided friends and clients with a discussion on the Seventh Circuit’s recent decision in Korte v. Sebelius. In that post we discussed the circuit split that has been created over this issue and the determination as to whether the contraceptive mandate of the Affordable Care Act (“ACA”) can properly be instituted against companies that object to the mandate for religious reasons. Yesterday, the United States Supreme Court granted certiorari in two cases to resolve the issue.
In addition to tying up those loose ends as the holidays approach, it’s been a busy week for the food-service industry and since last week’s seminar, a couple of noteworthy items have been in the news that we think deserve some comment and analysis.
To all our clients and friends who attended last week’s seminar, How to ‘86’ Employee Issues in the Food Service Industry we promised a blog post to tie up a few loose ends as they relate to the implementation of new IRS rules to service charges—so here it is.
The Seventh Circuit Court of Appeals ruled 2-1 on November 8, 2013, on behalf of two closely held companies and their Catholic owners, that the “contraceptive” mandate of the Affordable Care Act (ACA) violated their rights under the Religious Freedom Restoration Act. Korte v. Sebelius, No. 12-3841 (7th Cir. Nov. 8, 2013). The so-called “contraceptive mandate” requires companies to provide contraceptive coverage in group health care plans for employees. In finding that the companies, as well as their Catholic owners, could challenge the mandate, the majority of the appeals panel determined that forcing these companies to provide contraception and sterilization coverage in their employee health care plans, “substantially burdens their religious exercise rights.” The Seventh Circuit became the first to issue a preliminary injunction barring enforcement of the measure.
It’s that time of year again when cold weather is more prevalent than the brisk winds of fall. With the shorter colder days, employers need to be mindful of the cold weather hazards that come with the season and take steps to make sure that they are OSHA compliant.
“Essential” or “Excepted” Employees? Either Way the United States Government is “Essentially” Looking at Potential Liability
On October 24, 2013, five employees of the Justice Department’s Bureau of Prisons filed a class action complaint under the Fair Labor Standards Act (“FLSA”) alleging untimely payment of wages and overtime compensation on behalf of all federal employees deemed “essential” or “excepted” and required to work during the October U.S. Government shutdown.
The United States Bureau of Labor Statistics issued preliminary data as to the number of workplace fatalities in 2012. The report provides extensive information regarding workplace fatalities across the county and serves as a helpful reminder to employers as to the importance of implementing safety protocols.