Whistle While You Work: Whistleblower Complaints under the Affordable Care Act

Today, February 27, 2013, the Department of Labor Occupational Safety and Health Administration’s (OSHA’s) Interim Final Report on Procedures for the Handling of Retaliation Complaints Under Section 1558 of the Affordable Care Act (ACA) became effective. The report governs the whistleblower provision of the ACA which provides protections to employees of health insurance issuers, or other public or private employers, who are retaliated against for reporting potential violations of the ACA’s consumer protections or affordability assistance provisions.

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To Be an Employee or Independent Contractor…That is the Question: Maine’s New Independent Contractor Law Goes Into Effect Today

Maine’s new independent contractor law goes into effect today with a standard definition of “employment” that seeks to eliminate confusion as to whether a worker is an employee or an independent contractor.  More on the new law can be found here.   Have you reviewed the law and the effect it could have on your workforce?  If not, we are here to help you navigate the new definition and criteria. 

Can "Misclassified" Workers Sue Third-Party Employers For Wage & Hour Violations? A Massachusetts Federal Court Says "Yes"

No, there is not a typo in the title.  And yes, a recent decision from the United States District Court of Massachusetts suggests that a company that did not actually employ the plaintiff might be liable for the plaintiff's employer's federal and state wage and hour violations. (Green v. Parts Distribution Xpress, Inc., et al.)

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New Litigation Trend: How Using Unpaid Interns Could Cost You Later

As the weather outside becomes less frightful, many employers are beginning to think about their summer internship programs.  Likewise, with the economy showing signs of recovery many employers are even thinking about expanding their businesses, which means more job opportunities.  At the same time, competition for entry-level professional jobs remains highly competitive especially among recent college graduates and those professionals who have been out of work during the recession.   Many unemployed professionals and recent college graduates see working for free as a great way to build their resumes, get their foot in the door, impress their potential employer, and eventually earn a paying job.    If this all sounds too good to be true (i.e., a seemingly endless supply of educated and eager employees willing to work for free) it is.

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DOL To Eliminate FLSA Exemption For Certain Healthcare Workers

For over thirty years home healthcare workers have been exempt from overtime and minimum wage requirements under the Fair Labor Standards Act's ("FLSA") companionship exemption.  This week the U.S. Department of Labor ("DOL") announced that it plans to create new regulations that will extend federal overtime and wage protections to roughly two-million home healthcare workers.  Although most home healthcare workers earn at least minimum wage, many do not receive overtime compensation, including compensation for the time they spend traveling between patients' homes.  Some states, such as Maine, Massachusetts, New York, New Jersey, Pennsylvania, and Maryland, already provide home healthcare workers with minimum wage and overtime protections under state wage and hour laws.  Thus, the impact in those states will likely be less than in the vast majority of other states that do not have similar state wage and hour requirements.

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