Labor and Employment
This section highlights rules, regulation and legislation affecting aging services organizations in their role as employers.
We've featured some articles below, but be sure to check out all of our public policy and legal issues content.
The U.S. Department of Labor (DOL) has issued a proposed rule that would increase the salary threshold for claiming exemption from overtime requirements for executive, administrative, professional, outside sales and computer employees (“white-collar” employees) from the current level of $455 per week ($23,660 annually) to $970 per week ($50,440 annually).
In a memorandum dated April 2, the Occupational Safety and Health Administration (OSHA) announced that the ongoing National Emphasis Program (NEP) on Nursing and Residential Care Facilities would be allowed to expire effective April 5, 2015.
Recent actions by the U.S. District Court for the District of Columbia have invalidated a U.S. Department of Labor (DOL) regulation that would have significantly narrowed the definition of companionship services and required third-party employers to pay home care workers minimum wage and overtime. While the decisions likely will be appealed by the DOL, the regulation will not take effect unless and until a contrary decision is rendered by the appellate court.
On December 12, 2014, the National Labor Relations Board (NLRB) approved a long-awaited final rule that amends representation procedures in hopes to accelerate the union election process. The final rule will take effect April 14, 2015, though employer groups have already mounted a challenge to the rule in federal court.
A divided National Labor Relations Board (NLRB) held last month in Purple Communications, Inc., 361 NLRB
No. 126 (Dec. 11, 2014), that employees have the right to use their employers'
email systems as a vehicle for exercising their Section 7 rights under the National Labor Relations Act (NLRA), overturning a previous decision to the contrary.