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department of labor
OSHA issues new manual for whistleblower investigations
The Occupational Safety and Health Administration (OSHA) issued a new Whistleblower Investigations Manual last year. The new manual includes some improvements for whistleblowers, such as accepting oral complaints (which is particularly helpful in meeting the short 30-day time limits for...
New Employee Rights Posters
The National Labor Relations Act was upheld in a DC federal court confirming that the National Labor Relations Board (NLRB) can and will require all employers to post large official notices. The National Labor Relations Act is a federal law aimed at protecting employees that take part in union and...
New DOL Rulemaking Perpetuates Uncertainty Regarding Tips Under the FLSA
In 2010, the U.S. Court of Appeals for the Ninth Circuit ruled that if an employer is not taking a tip credit pursuant to 29 U.S.C. § 203(m), the FLSA does not create a property right in employee tips. Cumbie v. Woody Woo, Inc., et al., No. 08-35718 (9th Cir. Feb. 23, 2010). In so...
OSHA's Whistleblower Protection Program Will Now Report Directly to Assistant Secretary of Labor, Signaling Increased Priority for Whistleblower Enforcement
The Occupational Safety and Health Administration (“OSHA”) announced on March 1, 2012 that its Office of the Whistleblower Protection Program (“WPP”) will now report directly to the Department of Labor’s Office of the Assistant Secretary, rather than to its Directorate...
NJ Department of Labor Re-Adopts Inside Sales Exemption
Effective February 21, 2012, the inside salesperson exemption was re-adopted by the New Jersey Department of Labor and Workforce Development (NJDOL) as part of the Administrative Exemption contained in New Jersey’s wage and hour laws. When the NJDOL adopted the so-called “white...
