DOL: TRUCK DRIVERS DO NOT NEED TO BE PAID FOR OFF-DUTY TIME IN SLEEPER BERTH
The Department of Labor’s (DOL) Wage and Hour Division issued new guidance on July 22, 2019 addressing whether employers have to pay truck drivers for time spent sleeping in a truck’s sleeper berth. The new guidance modifies previous guidance. Pursuant to FLSA...
THE EEOC REPORTING PORTAL IS OPEN FOR FILING EEO-1 PAY DATA
The EEOC portal opened July 15th for uploading data for EEO-1 Pay Data. The deadline to produce the data is September 30, 2019 for employers, including federal contractors, with more than 100 employees. Covered employers are required to submit Component 2 data...
CHANGE IN PRESIDING JUDGE OF NEBRASKA WORKERS’ COMPENSATION COURT
Recently, the Nebraska Workers’ Compensation Court judges elected Judge Daniel Fridrich to be the Presiding Judge of the Nebraska Workers’ Compensation Court. Judge Fridrich’s term runs from July 1, 2019 through June 30, 2021. Although the Nebraska Workers’...
CLASSES OF EMPLOYEES EXCLUDED FROM IOWA WORKERS’ COMPENSATION BENEFITS
Generally, most workers employed in the State of Iowa, and consequently their employers, are subject to the Iowa Workers’ Compensation Act. However, there are some employees which are statutorily defined as not being employees. For a strong rural state like Iowa, one...
WHAT TO DO WITH THE EMPLOYEE WHO REFUSES TO COMPLY WITH MEDICAL RECOMMENDATIONS?
Often times, our office will get calls from claims handlers inquiring what their options are when they have an employee/Plaintiff with an accepted work injury who refuses to undergo the care being recommended by the authorized physicians. Nebraska Revised Statutes...
DOL ISSUES PROPOSED OVERTIME RULE; CONGRESS ATTEMPTS TO OVERRIDE IT
The Fair Labor Standards Act requires most employees be paid at least the federal minimum wage for all hours worked and overtime pay for hours worked over 40 hours in a workweek. However, the FLSA provides some exceptions from minimum wage and overtime pay for persons...
ATTORNEYS RECEIVE AWARDS
Attorneys Randall Goyette and Stephen Gealy were each given the 2019 Master Emeritus award from the Nebraska Defense Counsel Association for exceptional representation of defendants in civil cases.
SCOTUS RULES ON TITLE VII ADMINISTRATIVE EXHAUSTION REQUIREMENT
Earlier this week, the U.S. Supreme Court unanimously resolved the split among lower courts regarding whether Title VII’s administrative exhaustion requirement is a jurisdictional bar to filing a lawsuit in court. Under Title VII’s administrative exhaustion...
EEO-1 PAY DATA UPDATE
In light of the recent court decision overturning the Trump Administration’s stay of EEO-1 pay-data collection provisions, the EEOC has confirmed that it will also collect EEO-1 Component 2 pay data for calendar years 2017 and 2018, by September 30, 2019. Employers...
SF 507 PASSED BY IOWA HOUSE
On April 9, 2019 the Iowa House passed bill SF 507; the bill was previously passed by the Iowa Senate. The bill modifies Iowa Code 85.61(7) to add a new section (c) which provides that personal injuries due to idiopathic or unexplained falls from level surface onto...