The National Labor Relations Board (“Board”) has proposed a new rule that would significantly change the way the Board handles union election campaigns. Most damaging to employers, the proposed rule would effectively shorten the time period between the filing of a representation petition to an election.
In addition, the rule would require employers to disclose their entire case theory early in a representation case in a “position statement” and would preclude employers from presenting evidence on any issue not included in the position statement. Read The Full Article
Employment Law
The United States Department of Labor, Wage Hour Division (“DOL”), recently announced that it will focus enforcement efforts on the health care industry. The DOL is responsible for investigating overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”) and has traditionally targeted low wage industries, i.e., agricultural establishments, restaurants, hotels and janitorial services. With an increased budget and hundreds of additional field investigators, the DOL has set its sights on health care employers.
Several areas where health care employers frequently run afoul of the FLSA requirements are:
Exemption Misclassification: Employers often misclassify employees as “exempt” from the FLSA on the assumption that all that is required is the payment of a salary. While this may be proper in certain situations, federal regulations have very specific “tests” for determining whether or not an exemption applies. CNAs and LPNs should not be classified as “professionals” under the FLSA, as they do not satisfy educational and duties’ requirements of the exemption. On the other hand, employers can lose an exemption for employees who would otherwise be exempt if they do not meet salary and compensation requirements.
