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Author Archives: Mark Jeffries

NEW MSHA REGULATIONS REQUIRE CORRECTIONS OF VIOLATIONS

One day after the two-year anniversary of the Upper Big Branch mine explosion, the federal Mine Safety and Health Administration (MSHA) released changes to its regulations pertaining to examinations of coal mines.  Under the new regulations, operators must record the actions taken to correct certain violations that mine examiners discover during preshift, supplemental, on-shift, and [...]
Posted in General Employer Interest | Leave a comment

FLSA OVERTIME EXEMPTION MAY DEPEND ON AMOUNT OF DISCRETION EXERCISED

A federal court in Ohio recently decided what it deemed “a close case” regarding overtime exemptions under the Fair Labor Standards Act (“FLSA”).  In Foster v. Nationwide Mutual Insurance Company, the court held that Nationwide’s special investigators, who investigate potential fraud in Nationwide’s claims, were not entitled to overtime pay due to the FLSA’s “administrative [...]
Posted in Labor Relations | Leave a comment

LEAVING ONE HOSTILE WORK ENVIRONMENT FOR ANOTHER

Back in August, the United States Court of Appeals for the Fifth Circuit decided a case and ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) did not recognize claims of hostile work environment based on an employee’s membership in the National Guard or Reserves.  Well, Congress was obviously not happy with that [...]
Posted in Employee Benefits/ERISA, General Employer Interest | Leave a comment

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