Latest Legal Updates

OSHA Update:

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced a final rule regarding personal protective equipment (PPE). The changes become effective on February 13, 2008, and employers have until May 15, 2008, to change their existing PPE policies to accommodate the final rule. Under the rule, PPE, with a few exceptions, must be provided by the employer at no cost to the employee. It is OSHA’s hope that this requirement will lead to greater compliance and decreased injuries. Some exceptions were made for “ordinary safety-toed footwear, ordinary prescription safety eyewear, logging boots, and ordinary clothing and weather-related gear” if the employee is allowed to wear these items off the job site. The employer is also responsible for replacement of PPE, except when the employee has lost or intentionally damaged the PPE.

Editor’s Note: This final rule will require employers who are currently making authorized payroll deductions for new PPE to stop this practice.



MANAGEMENT NORTHWEST HR/LEGAL UPDATE By Robert R. Ball, Esq.

U.S. Supreme Court Case Alert - Long Island Care at Home, LTD v. Coke

On June 11, 2007, the United States Supreme Court announced its decision in Long Island Care at Home, LTD v. Coke. In this case, Coke, a “companionship services” provider sued her employer for minimum wage and overtime. The employer relied on the “domestic services employment” exemption as described by the U.S. Department of Labor (DOL) in its regulations. The Supreme Court found in favor of the employer, upholding the DOL interpretation, sustaining the exemption from overtime and minimum wage.

Many of today’s news articles that reported on the case indicated that this was a deep blow to overworked employees in the field. The undercurrent was that the Court was unsympathetic and harsh in its ruling. The interesting thing is that the exemption at issue has been in place for thirty years or so. Therefore, I believe that the practical impact of the case will be limited. In my view the more important outcome is the deference given by the Court to the DOL’s interpretation and statement of its regulations in this area. This case turned entirely on the DOL’s authority to administer the Fair Labor Standards Act and to make rules to “fill gaps” left in the Act by Congress. Here the Court held that the DOL’s regulation on the issue was “valid and binding.”

When responding to questions about wage and hour issues it is sometimes hard to find case authority interpreting the Fair Labor Standards Act that is directly on point. This leaves a review of the regulations as the guiding light. The regulations are often discussed in the DOL interpretations. In light of the decision in the Coke case, employers must give more regard to the regulations and interpretations as they make decisions based concerning wages and hours. Finally, it appears that Congress will have to address this exemption if workers in the Home Health Care industry seek to be treated as non-exempt employees.

Please feel free to contact Rob Ball at rball@managementnw.net or (208)342-1989 with any questions or comments.
Management Northwest – HR/Employment Law Update – Wednesday, May 9, 2007
Identity Theft: Employers Face Increasing Risks and Responsibilities
-AP news just announced that TSA, a division of the Homeland Security Department, has lost a computer hard drive containing Social Security numbers, bank data and payroll information for about 100,000 employee records. TSA sent a letter to employees Friday apologizing for the lost data and promising to pay for one year of credit monitoring services. Source: AP
- A recent report by the Treasury Inspector General for Tax Administration concluded that hundreds of IRS laptops and other computer devices have been lost or stolen, employees have not properly encrypted data on the devices, and password controls for the laptops have not been adequate. As a consequence, it is "very likely" that sensitive information for a "significant number" of taxpayers has become available for potential identity theft and other fraudulent schemes. In terms of hard numbers, the report reveals that at least 490 IRS computers were lost or stolen between January 2, 2003 and June 13, 2006. Source: Findlaw.com
Tips offered by the Treasury Inspector General included:
Require employees to lock laptops when unattended at work, home or in a vehicle.
Remind employees of their responsibilities to ensure protection of sensitive information.
Require compliance with encryption procedures and provide instruction.
Conduct annual inventory validation of backup media.
Perform physical checks of offsite facilities used to store media.