FAA bars states from restricting class-action waivers in arbitration agreements

In a consumer case with broad implications for the arbitration of employment disputes, the U.S. Supreme Court ruled yesterday that the Federal Arbitration Act preempts states from prohibiting enforcement of arbitration agreements that bar classwide arbitration of disputes (AT&T Mobility LLC v Concepcion, Dkt No. 09-893, April 27, 2011, Scalia, A). In a 5-4 decision, […]

IRS official advises plan sponsors on how to respond to an EPCU letter

In the IRS’s Employee Plans News, Monika Templeman, Director of Employee Plans (EP) Examinations, advises plan sponsors on the steps they should take if they receive a letter from the Employee Plans Compliance Unit (EPCU). EPCU performing more compliance checks Along with standard examinations, the EP office is performing more compliance checks. “Performing compliance checks […]

Oregon amends its UI rules regarding the prevailing rate of pay

Oregon has amended the rules under its Employment Department Law as follows: Prevailing rate of pay. This temporary change replaces the term “average” with the term “median” as it relates to the rate of pay of an individual. The rationale is that using “average” takes into account all wages paid to an individual for a […]

“Pay-When-Paid” Clause Not Fatal to Subcontractor’s Claim

Summary judgment denying a subcontractor’s Miller Act claim against a payment bond surety was vacated and remanded by the Court of Appeals for the Fourth Circuit in an unpublished opinion, because there were sufficient facts to support a jury verdict that would preclude the surety from relying on the subcontract’s “pay-when-paid” clause to excuse the […]

OSHA cites Allied Roofing Systems for exposing workers to fall hazards at Omaha, Neb., job site

The U.S. Department of Labor’s Occupational Safety and Health Administration has issued Allied Roofing Systems LLC of Springfield, Mo., four safety citations following an inspection of an Omaha job site where employees were exposed to fall hazards while installing a roof. Proposed penalties total $64,000. OSHA initiated its inspection in December 2010 following a referral […]

Directive Was a Compensable Change

A government directive constituted a compensable change, according to the Civilian Board of Contract Appeals, because the directive imposed a method of performance not required under the roofing contract. The contractor sought additional costs for complying with the government’s rejection of its proposed use of asphalt as an adhesive and for using a particular manufacturer’s […]

Alliances between men and women can close women’s leadership gap in the workplace, study finds

It’s been the routine of many professional women for years: when dealing with subtle (but complicated) gender issues at work, turn to a female colleague or mentor for advice. But a new study released by the Center for Gender in Organizations (CGO) at the Simmons School of Management suggests that contrary to popular belief, the […]

Michigan announces change in its EB period

The following changes have occurred since the publication of the last notice regarding the State of Michigan’s EB status: Based on data released by the Bureau of Labor Statistics on March 10, 2011, Michigan no longer meets the 110% criteria to remain “on” in the EB program. As a result, the payable period for the […]

Store manager not entitled to discovery of information about potential class members in effort to satisfy predominance requirement of class action wage suit

An assistant store manager of a HomeGoods store in New York was not entitled to discovery of information about the identities of other employees who may be similarly situated in his wage suit asserting the managers were misclassified as exempt employees (Jenkins v The TJX Companies, Inc and HomeGoods, Inc, April 25, 2011, Wall, W). […]