DOL to Treat More Entities as Covered by the FMLA via Joint Employment
January 27, 2016

In connection with last week's Administrator's Interpretation 2016-1 regarding Joint Employment (under the Fair Labor Standards Act) the Department of Labor (DOL) Wage and Hour Division (WHD) issued a new fact sheet regarding "Joint Employment and Primary and Secondary Employer Responsibilities Under the Family and Medical Leave Act (FMLA)." This Fact Sheet sets forth the DOL's position that "[e]mployees who are jointly employed by two employers must be counted by both employers in determining employer coverage and employee eligibility under the FMLA, regardless of whether the employee is maintained on one or both of the employers' payrolls."

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Supreme Court Reaffirms Limits on Benefit Plan Subrogation Claims
January 25, 2016

In its latest case examining the scope of employee benefit plan subrogation rights, the U.S. Supreme Court held that a benefit plan cannot enforce its claim for reimbursement of expenses from a participant's settlement proceeds where the participant spends all of the proceeds and, as a result, there is no specific, identifiable fund against which the plan can enforce its claim. The case, Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Trust, generally follows, and reaffirms, the Court's prior decisions in this area. However, the practical effect may force benefit plans to be more aggressive in enforcing subrogation rights before participants have an opportunity to spend settlement funds.

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DOL To Embrace Many New Companies As
January 22, 2016

Despite fun and inviting cartoons atop its news release early Wednesday morning, the Department of Labor ("DOL") Wage and Hour Division ("WHD") is making life neither fun nor inviting for companies who share or lease workers, or use workers from staffing companies.

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Check Out Our January 2016 Newsletter!
January 12, 2016

Click here to download a PDF of our January 2016 Newsletter and stay up-to-date with NOARK.

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NLRB Invalidates Another Employer Conduct Policy
January 12, 2016

On December 24, 2015, in Whole Foods Market, Inc., 363 NLRB No. 87 (2015) (Whole Foods), the National Labor Relations Board (Board) invalidated two Whole Foods Market policies that prohibited employees' use of recording devices in the workplace to record events, conversations, etc., without company authorization. The Board reasoned that such a blanket prohibition requiring management approval to record could prevent employees from engaging together in workplace activities protected by the National Labor Relations Act (Act).

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January 07, 2016

HR CERTIFICATION INSTITUTE™ INTRODUCES FIRST EARLY HR CAREER CERTIFICATION Credential Designed for New HR Generalists and Individuals Transitioning to HR HRCI Unifies Family of Credentials by Renaming Certifications for HR Pros Practicing Outside of the U.S. ALEXANDRIA, Va. (January 7, 2016) ― HR Certification Institute™ (HRCI™), the premier professional credentialing organization for the human resources profession, is introducing the first early HR career certification, the Associate Professional in Human ResourcesSM (aPHRSM). The aPHR, which demonstrates foundational knowledge of human resource operations as practiced in the United States, is designed for professionals who are embarking on an HR career or transitioning into the HR field.

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