A privately-held home care company in North Chelmsford, Massachusetts has paid $217,335 to 175 employees in a settlement reached over the employer’s failure to pay non-exempt employees travel time and overtime. According to the settlement, between August 2014 and August 2017, Petra Health Care LLC failed to pay employees for time spent traveling between client visits and for overtime.
The Equal Employment Opportunity Commission (EEOC) has announced that the deadline for filing the 2018 EEO-1 Report is March 31, 2019. In previous years, the deadline was September 30 (the deadline for the 2017 Report was first announced to be September 30, 2017, then delayed to March 31, 2018, and then delayed again until June 1, 2018).
The National Labor Relations Board (“NLRB” or the “Board”) has proposed a new rule to be applied by the NLRB to determine whether an employer may be considered a joint employer of a separate employer’s employees. The proposed new rule is a return to NLRB precedent that was in place until 2015; in 2015, the Board issued a rule stating that if a putative joint employer possessed the ability to control employees’ terms and conditions of employment, even if only indirectly, and even if not actually exercised, that was sufficient to support a joint employer finding. Pursuant to the proposed new rule: “An employer may be considered a joint employer of a separate employer’s employees only if the two employers share or co-determine the employees’ essential terms and conditions of employment, such as hiring, firing, discipline, supervision and direction." While this development is the proposal of a new rule, it seems likely the proposal will result in a final rule issued by the NLRB. SESCO has a long history of ensuring employers are compliant with NLRB rules and case holdings; as such, if employers have questions about whether policies or practices are compliant with current NLRB rules and case holdings we recommend they contact SESCO.
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