On December 19, 2017, the United States Court of Appeals for the Ninth Circuit became the fourth federal appellate court expressly to reject the U.S. Department of Labor’s (DOL) six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). The DOL had previously published a six-part test in 2010. Under that test, an intern would be considered an employee unless all of the six factors were met. The Second Circuit was the first to reject the DOL’s test in 2015, opting for a non-exhaustive set of seven factors to consider in what it termed the “primary beneficiary test.”
William A. Ramsey writes article for the Defense Trial Counsel of Indiana that was published in the Indiana Civil Litigation Review titled "When Can Injured Employees Seek Care from Unauthorized Providers under the Worker's Compensation Act."
On November 22, 2016, a Texas federal judge issued an Order that blocks nationwide the new Fair Labor Standards Act salary requirements for overtime and minimum wage exemptions based on executive, administrative, or professional capacity.
In late April, the United States Congress passed the Defend Trade Secrets Act of 2016 (DTSA). The DTSA became effective on May 11, 2016, the date President Obama signed the act into law, and applies to any trade secret misappropriation that occurs on or after that date.
Indiana enacted a Veterans' Preference Law which became effective July 1, 2015. Private employers in Indiana are now allowed to implement a Veterans' preference employment policy providing preference to covered Veterans over other qualified applicants or employees when it comes to hiring, promotion, and/or retention during a reduction in workforce.
On August 27, 2015, the National Labor Relations Board issued its decision in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186, which significantly broadened the definition of "joint employer".
The Supreme Court's decision in Obergefell vs. Hodges, could have far reaching implications for employers who have operated under various federal and state laws that regulate the legal and tax treatment for same-sex unions.
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