News Briefs

DOL Announces Framework for Inclusive Hiring When Using AI

By Erika Paulus posted 21 hours ago
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On September 24, 2024, the U.S. Department of Labor (DOL) announced the release of the AI & Inclusive Hiring Framework for employers on practices to minimize the risk of artificial intelligence (AI) discrimination in the hiring process. The DOL’s Office of Disability Employment Policy funds the Partnership on Employment ...

Economic Perspective: October 2024

By Cory Martin posted 23 hours ago
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Employers Council has prepared this Economic Perspective summary to assist the decision-makers of member organizations. The economic data in these charts summarize the most commonly watched economic and compensation indicators. The data from the U.S. Bureau of Labor Statistics can be used in conjunction with Employers ...

Court Upholds DOL’s Authority to Set Salary Threshold for Overtime Exemptions

By Edward Encinias posted 7 days ago
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A September 11, 2024, ruling from the Fifth Circuit Court of Appeals upheld the Department of Labor’s (DOL’s) authority to determine the salary threshold used to decide whether an employee is exempt or non-exempt and entitled to overtime pay. The Fair Labor Standards Act (FLSA) established the executive, administrative, ...

Restaurant Owner Settles $1.7 Million Wage Theft Case with California Labor Commissioner’s Office

By Jaimie Graczyk posted 14 days ago
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On September 16, 2024, the California Labor Commissioner’s Office announced it reached a $1.7 million wage theft settlement with a franchisee restaurant owner. Approximately 550 workers who worked across five different restaurant locations in Bakersfield, California, will benefit under the settlement for not receiving ...

For Colorado Employers, Holiday Incentive Pay Must be Included in Overtime Calculation

By Miller Jozwiak posted 21 days ago
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On September 9, 2024, the Colorado Supreme Court held that holiday incentive pay must be included in the regular rate of pay calculation for determining overtime under Colorado law. This decision marks a significant departure from federal law and will require Colorado private sector employers to re-evaluate their holiday ...

EEOC Settles Harassment and Retaliation Lawsuit with Arizona Pet Store Chain for $340,000

By John Zubek posted 21 days ago
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An Arizona pet store chain recently agreed to pay $340,000 to settle a harassment and retaliation lawsuit brought by the Equal Employment Opportunity Commission (EEOC) on behalf of female employees of the chain. In a federal lawsuit filed in the United States District Court of Arizona, the EEOC alleged that a male manager ...

401(k) Day a Reminder to Educate Employees About Retirement Plans

By Laurie Enke posted 28 days ago
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While you may have never heard of 401(k) Day or enjoyed a piece of cake to celebrate the event, it is important to share information about your 401(k) or 403(b) plan with your employees, regardless of the date you see on the calendar today. 401(k) Day, started by the Plan Sponsor Council of America (PSCA) in 1996, is ...

NLRB Ends Decades-Long Use of Consent Orders

By Drew Hintze posted 28 days ago
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On August 22, 2024, the National Labor Relations Board (NLRB or Board) issued a landmark decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras , ending the long-standing practice of approving “consent orders.” This ruling marks a significant shift in how labor disputes are resolved and narrows the methods ...

Cal/OSHA Increases Efforts to Target Employers Committing Egregious Workplace Safety Violations

By Jaimie Graczyk posted 08-30-2024
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On August 22, 2024, the California Department of Industrial Relations (DIR) and its Division of Occupational Safety and Health (Cal/OSHA) announced it has focused its recruitment efforts on hiring more staff in its Bureau of Investigations (BOI) unit. The BOI unit is responsible for investigating employers engaging ...

Court Strikes Down U.S. Department of Labor’s Tip Credit Rule

By Hannah Nelson posted 08-30-2024
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The Fifth Circuit Court of Appeals recently found in Restaurant Law Center v. U.S. Department of Labor that the Department of Labor’s (DOL’s) Final Rule relating to tip credits for tipped employees was arbitrary and capricious and not in accordance with the law. Specifically, the Circuit Court determined that ...

California Supreme Court Says No to PAGA Claims for Wage and Hour Violations Against Public Hospitals

By Mary Miller posted 08-30-2024
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In another clarifying ruling from the California Supreme Court, the Court answered the question as to whether public entities, including public agency hospitals and health care facilities, are exempt from lawsuits for California Labor Code violations and whether Private Attorneys General Act (PAGA) penalties apply to those ...

Colorado FAMLI Division Issues Updates

By Jacqueline Talbot posted 08-29-2024
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As we expected in this first year of the Family and Medical Leave Insurance (FAMLI) Program, the FAMLI Division recently issued updates to the paid family and medical leave program in which all employers in Colorado should be participating. First, the good news. Under the statute, the Division is required to determine ...

Judge Blocks FTC's Ban on Noncompete Agreements

By Employers Council Staff posted 08-23-2024
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In a ruling on August 20, 2024, U.S. District Judge Ada Brown halted the Federal Trade Commission’s (FTC) noncompete ban that was set to take effect on September 4, stating that the FTC lacked the authority to enforce the ban, calling it “unreasonably overbroad without a reasonable explanation.” The case, Ryan v. Federal ...

Key Takeaways for Employers from NLRB Ruling Against Arizona Business

By John Zubek posted 08-15-2024
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Earlier this year, the National Labor Relations Board (NLRB) delivered a decision in North Mountain Foothills Apartments, LLC (Case 28–CA–286885) against an Arizona apartment complex for violations of the National Labor Relations Act (NLRA). The Board held that the apartment complex committed unfair labor practices ...

Colorado’s Registered Apprenticeship Program Requires an Affirmative Action Plan

By Sonia Chowdhury posted 08-08-2024
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In 2021, Governor Jared Polis signed HB21-1007: State Apprenticeship Agency into law, affirming Colorado’s commitment to providing workers access to registered apprenticeship programs. In Colorado, a registered apprenticeship program is a career pathway that provides paid work experience and training for individuals while ...

What You Need to Know About Medicare Part D Creditable Coverage Changes in 2025

By Jana Karr posted 08-02-2024
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With open enrollment right around the corner for many employers, we need to look at the impact of changes in 2025 to Medicare Part D Plans. Medicare Part D changes will target enhancing prescription drug coverage for beneficiaries. The changes will also impact cost-sharing structures, formulary requirements, and overall ...

NLRB Abandons Appeal Regarding Joint-Employer 2023 Final Rule

By Drew Hintze posted 08-02-2024
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For the last several years, Employers Council has been following closely the developments of the National Labor Relations Board’s (NLRB’s) joint-employer rulemaking efforts. On July 19, 2024, the saga took a surprising turn as the NLRB announced its decision to withdraw its appeal against a United States District Court ...

Employee Payroll Advances to be Treated as Loans Subject to Truth in Lending Act

By Ivy Voss posted 08-02-2024
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As a convenience to employees, many employers offer payroll advances to their employees to tide them over between paydays. These advances are often somewhat informal, with brief documentation. The U.S. Consumer Financial Protection Bureau (CFPB) has introduced a proposed interpretive rule that would make payroll advances ...

Effective Immediately: Cal/OSHA Indoor Heat Illness Prevention Standard

By Jaimie Graczyk posted 08-01-2024
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On July 23, 2024, the California Office of Administrative Law (OAL) approved the nation’s first-ever Heat Illness Prevention in Indoor Places of Employment regulation . The regulation is enforced by Cal/OSHA and takes effect immediately. The regulation applies to most indoor workplaces in California, including restaurants, ...

Economic Perspective August 2024

By Cory Martin posted 08-01-2024
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Employers Council has prepared this Economic Perspective summary to assist the decision-makers of member organizations. The economic data in these charts summarize the most commonly watched economic and compensation indicators. The data from the U.S. Bureau of Labor Statistics can be used in conjunction with Employers Council’s ...

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