United States: Time Spent In Employer-Mandated Security Checks Held Non-Compensable

Loren L. Forrest, Jr. is a senior counsel in Holland & Knight’s New York office
U.S. Supreme Court Decision in Integrity Staffing Solutions, Inc. v. Busk Was Unanimous
HIGHLIGHTS:

Unless employees’ activity is “integral and indispensable” to the principal activities of the employees’ work, it will not be deemed compensable work.
The decision of whether employees’ activities are integral and indispensable to the principal activity of the employees is based on a fact-driven analysis.
Even if the activity is […]

By | January 24th, 2015 ||

United States: HIPAA Medical Privacy Matters: Court Permits ADA Claim To Proceed

Normally I do not like to comment on cases that are not final or court opinions that do not have a definitive outcome on a case. But this is an exception because of the topic, which is HIPPA and privacy, which can get overlooked too frequently. Also, because the facts are such that it could happen to other employers and I bears consideration.

The case is Myers v. Hog Slat, Inc., which is pending in […]

By | January 23rd, 2015 ||

United States: Increased Liability For Employers That Use Labor Contractors

Assembly Bill 1897 adds Section 2810.3 to the Labor Code, and imposes liability on companies that contract for labor, including those that use staffing agencies. If a company utilizes a labor contractor, this new law allows for the company to be held liable for the labor contractor’s failure to properly pay wages to, or failure to secure workers’ compensation coverage for, the workers provided by the labor contractor. The law applies (1) to companies […]

By | January 23rd, 2015 ||