Employment / Labor Law News Roundup: February 2015

Saturday, February 28, 2015

Obama endorses new rules for brokers giving retirement advice

President Barack Obama called on the Department of Labor to crack down on the "backdoor payments" and "hidden fees" paid to brokers giving retirement advice. The president endorsed a new rule proposed by the Labor Department on Monday that would increase the standards for brokers who recommend investments for retirement accounts, requiring brokers to have the client's best interests in mind.

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Santa Barbara Courthouse Observation Deck Taking Last Steps to Full Accessibility

Beginning March 15, elevator tower and observation deck to be closed to public while repairs bring them into ADA compliance The Santa Barbara County Courthouse tower observation deck draws an estimated 200,000 visitors each year, but because the area is not fully accessible it does not meet the requirements of the Americans with Disabilities Act. Beginning March 15, the platform will be closed for three months to bring it into compliance.

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Pols and Politics: Holmes sees whitewash in DeLeo's picks

Nearly two months into the session, Speaker of the House Robert A. DeLeo formally reshaped his power structure last week, handing out dozens of coveted leadership posts with few surprises, despite up to 13 positions being up for grabs. "To me it begins to speak of the old boys' network," said Holmes, a Mattapan Democrat who chairs the State House's black and Latino caucus.

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Norwood-Norfolk School Board awards bids for phase one of capital project

Bids for phase one of a capital project in the Norwood-Norfolk Central School District came in under budget and were awarded to contractors this week. General construction and masonry work was awarded to Continental Construction LLC, Gouverneur.

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Patricia Arquette isn't the first to make the point: Women's wages lag in most sectors

Patricia Arquette's Academy Award acceptance speech last Sunday, calling for ecological sanitation in the third world and equal pay for women, came off sounding a bit like a woman who has a few too many bumper stickers on her Prius. But her closing comments on pay inequality achieved her apparent goal of starting a conversation - setting off criticism from commentators on the the right who said equal pay for equal work has been the law since 1963 and from those on the left who said equal pay is mainly an issue for wealthy white women.

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Hiring our Heroes job fair planned in Manchester

New Hampshire Employment Security and partners will present a Hiring our Heroes Job and Resource Fair from 10 a.m.-1 p.m. Tuesday, March 10, at Sweeney American Legion Post, 251 Maple St. The event will offer opportunities for job seekers interested in entry-level, as well as skilled and professional, positions. The fair welcomes all veterans and veteran-friendly employers, and is open to all job seekers.

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Workshop for small businesses offers fair labor information 14 minutes ago

Victoria-area small business owners will have the opportunity to learn about federal labor laws in an upcoming University of Houston-Victoria Small Business Development Center workshop. The Fair Labor Standards Act Record Keeping and Compliance workshop will examine the Fair Labor Standards Act of 1938.

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Before you quit your job, read this

Staff members stand in a meeting room at Lehman Brothers offices in the financial district of Canary Wharf in London in this September 11, 2008 file photo. Photo by Kevin Coombs, Reuters According to a fall 2014 report from the U.S. Department of Labor, more American workers are on the move than ever before.

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2 Bend schools subject of ADA complaint

A Central Oregon school district is evaluating two schools for Americans with Disabilities Act compliance after a complaint was filed with the U.S. Department of Education. The Bulletin newspaper reports the district signed an agreement requiring evaluations at Ponderosa Elementary and Sky View Middle School.

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Driver Crashes into Department of Labor Building in Decatur

A person has been taken to the hospital after the car they were driving slammed into a Department of Labor building in Decatur on Saturday afternoon. According to FOX 5 Atlanta, the vehicle left Covington Highway and crashed into the side of the Dekalb County Career Center at 3879 Covington Highway .

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G.V. 'Sonny' Montgomery VA Medical Center

Some V.A. Hospital whistleblowers were recognized Saturday. The V.A. Sonny Montgomery Veterans Hospital is one of many V.A. hospitals around the country that have undergone big changes.

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Ensuring Hardworking Americans Retire with Dignity

In this week's address, the President reiterated his commitment to middle-class economics, and to ensuring that all hard-working Americans get the secure and dignified retirement they deserve. While most financial advisers prioritize their clients' futures, there are some who direct their clients towards bad investments in return for backdoor payments and hidden fees.

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Activists take to streets to 'save NHS'

Around 20 campaigners braved the rain on Saturday to spread concerns about privatisation of services and a US trade deal which they say will take healthcare out of public control. They waved placards and collected signatures in the High Street as part of national action by campaign group 38 Degrees.

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MDE partners with construction industry on skills competition

The future construction workers for the Mississippi construction industry will take center stage March 3-4 at the Mississippi Trade Mart as the Mississippi Construction Education Foundation and the Mississippi Department of Education and other construction industry partners host the MCEF/Skills USA State Championship Construction Competition. The competition will be held in conjunction with the "Passport 2 Careers Expo" and counselors, directors and superintendent's workshop.

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' Warren Kulo presented with national award by Amercian Psychiatric Association

Warren Kulo, a staff writer for The Mississippi Press/Gulflive.com , was presented Saturday with the national Warren Williams Award from the American Psychiatric Association. Kulo was honored for his coverage of the Psycamore mental health clinic saga in Ocean Springs over the past 3+ years.

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Chronic prison woes reveal Florida Legislature's priorities

The two DVDs were only minutes long but they depicted deplorable conditions in the state's prison system: uninhabitable dorms, inmate-on-staff assaults and roofs that were so porous that prison staff rigged sheets of cardboard to serve as makeshift gutters. It was a vivid example of chronic underfunding and understaffing at the Florida Department of Corrections, and then-Secretary Michael Crews wanted to show them to legislators last year in his effort to make the case for more money.

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38Degrees campaigners in Winchester High Street on Saturday

2 Bend-La Pine schools subject of ADA complaint

A Central Oregon school district is evaluating two schools for Americans with Disabilities Act compliance after a complaint was filed with the U.S. Department of Education. The Bulletin newspaper reports the Bend-La Pine School District signed an agreement requiring evaluations at Ponderosa Elementary and Sky View Middle School.

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Obama: Americans Should be Able to Retire with Dignity, Video

In America, we believe that a lifetime of hard work and responsibility should be rewarded with a shot at a secure, dignified retirement. It's one of the critical components of middle-class life - and this week, I took new steps to protect it.

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Minimum wage increase helps individuals, ok for small biz

Alaska's statewide minimum wage increase went into effect on Tuesday. Now, thousands of jobs in the state pay $8.75 an hour - a dollar increase.

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GOP pushes Obama on expanded college savings proposal

Just days after the House of Representatives passed an expansion of 529 tax-deductible college savings accounts, the Republican Party called for President Obama's support of the bipartisan bill. "Why would we make saving for college even harder? We talk all the time about rewarding people who work hard and play by the rules - well, that's what 529 plans are," Rep. Jim Renacci, R-Ohio, said in the party's weekly address .

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Michael Hayden booed and laughed at during CPAC debate after...

Former NSA chief Michael Hayden was heckled at the Conservative Political Action Conference after he called himself an 'unrelenting libertarian'. Hayden was at the conference on Friday for a debate with Fox News senior judicial analyst and libertarian judge Andrew Napolitano, which was moderated by Fox Business Network's Lou Dobbs.

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Bullers Went from Journalist to Advocate

Last week, I featured long-time journalist and disability advocate Finn Bullers of Kansas City, Kansas. I'm now featuring him again because of the breadth and depth of his accomplishments, and because of what he says.

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Continue Reading

But right now, there are no rules of the road. Many financial advisers put their clients' interest first - but some financial advisers get backdoor payments and hidden fees in exchange for steering people into bad investments.

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Greenberg Traurig's David Long-Daniels and Natasha Wilson to Speak...

The international law firm Greenberg Traurig, LLP is sponsoring the National Bar Association Commercial Law Section's 28th Annual Corporate Counsel Conference. The international law firm Greenberg Traurig, LLP is sponsoring the National Bar Association Commercial Law Section's 28th Annual Corporate Counsel Conference.

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Texas Advocate Helped Mold Americans With Disabilities Act

Nudging a joystick with the palm of his hand, Lex Frieden controls his motorized wheelchair with ease. He types emails with his knuckles on a phone fastened with a rubber band to his chair's armrest, making the most of the limited use of his hands.

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Whistleblowers Against Fraud Explains the Importance of the Whistleblower Protection Enhancement Act

Whistleblowers Against Fraud is an organization dedicated to supporting individuals who have information about major fraud perpetrated against the U.S. government or its citizens. WAF discusses how the Whistleblower Protection Enhancement Ac t has been so successful in protecting whistleblowers from retaliation and encouraging fraud reports.

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Transcript

Weekly Address: Ensuring Hardworking Americans Retire with Dignity

President Barack Obama tapes the Weekly Address in the Library of the White House, Feb. 27, 2015. In this week's address, the President reiterated his commitment to middle-class economics, and to ensuring that all hardworking Americans get the secure and dignified retirement they deserve.

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Whistleblowers Against Fraud Explains the Importance of the Whistleblower Protection Enhancement Act

WAF discusses how the Whistleblower Protection Enhancement Ac t has been so successful in protecting whistleblowers from retaliation and encouraging fraud reports. signed the bill into law without debate.

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Recap: Pacers 93, Cavs 86

Well even though a Cavs loss was not the way I had hoped to start my first shot at a full recap, there was still a lot of heart to be found in the wine and gold squad last night. Though they were missing Kyrie and LeBron , the rest of the team definitely came revved up to play.

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NLR council to vote on anti-bias policies

The North Little Rock City Council will consider changes, including preventing discrimination on the basis of sexual orientation, to the city's hiring policy at its meeting next week. Ordinance 15-19, added Friday to Monday's council agenda, will insert "sexual orientation, gender identity or expression, genetic information, marital status" to reasons that the city can't discriminate against for employment or services under the city's Equal Opportunity policy.

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Seattle judge orders Postal Service to pay damages to whistleblower

A federal judge has ordered the U.S. Postal Service to pay a worker almost $230,000 in damages for the retaliation he suffered when he helped a co-worker with her workplace health concerns. The worker had started with the Postal Service as a mail carrier in 1995 and worked his way up to safety specialist.

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Whistleblowera s book tells his Humboldt County story

In the time of Edward Snowden and WikiLeaks' Julian Assange, one of Humboldt County's older whistleblowers is telling his side of the story in a book chronicling his radioactive relationship with PG&E in the 1960s and early 1970s and what he considers the nuclear power industries' betrayal of public trust. No longer the young man he was when he began working as a nuclear control technician at PG&E's Humboldt Bay Power Plant near King Salmon in 1964, former Eureka resident Robert “Bob” Rowen Jr. said the fears he once had of retaliation against him and his family have dissipated through the years.

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Friday, February 27, 2015

Whistleblower to scrutinise Trust

AN NHS whistleblower has been brought in to scrutinise the performance of the Trust which runs the county's hospitals. Gary Walker has been asked by Save the Alex campaigners to give an independent management opinion on how bosses are running Worcestershire Acute Hospitals NHS Trust and in particular their handling of the situation at the Alexandra Hospital.

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Missing retirement funds to be reimbursed using dead CEO's money

A retirement fund of the title insurance executive who committed suicide by nail gun last year and a separate insurance policy will cover the more than $100,000 that employees said was misappropriated from their own retirement accounts, court records show. In a pending settlement agreement between the estate of Richard Talley, former CEO of American Title Services Co.

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Citizens' Voice

"Wages are being kept down due to abuse of the foreign guest worker program, which is specifically not permitted to undercut normal wages. Quoted from the Department of Labor: 'Foreign labor certification programs are designed to assure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and workin... For the complete article, please pick up a copy of The Citizen for this day or purchase this day's electronic edition at .

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Focus on the Future

Speaking to more than 50 members of the local community at the Amsterdam Municipal Golf Course Clubhouse, Ossenfort, the county executive, said he is proud of the things that are going on in the county. He said hard work has led to progress in the county.

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Meet the St. Paul Saints' CHS field, where the city stars

Imagine a Lowertown warehouse building turned inside out to reveal the dark brick of its hallways, black steel beams and cedar finishes. That, in a nutshell, is the vision behind St. Paul's new $63 million ballpark, which will open in May across from the Farmers' Market.

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Celebrating the 50th anniversary of the Selma civil rights march

Segregation and discrimination kept most African Americans from voting in the South, even after the U.S. Congress passed the Civil Rights Act of 1964. That began to change after the civil rights march on March 7, 1965, in nearby Selma, Ala., during which Alabama state troopers charged at the walkers and beat them with nightsticks and whips at the Edmund Pettus Bridge.

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Shareholder Alert: Brower Piven Encourages Investors Who Have Losses...

The securities litigation law firm of Brower Piven, A Professional Corporation, announces that a class action lawsuit has been commenced in the United States District Court for the Southern District of California on behalf of purchasers of Bridgepoint Education, Inc. securities during the period between August 7, 2012 and May 30, 2014, inclusive . Investors who wish to become proactively involved in the litigation have until April 27, 2015 to seek appointment as lead plaintiff.

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Job Openings and Labor Turnover Reports to Expand Data

Yesterday the Department of Labor, Commissioner Bureau or Labor Statistics released information about possible coming data changes if funding increases. Several weeks ago President Obama presented his 2016 fiscal budget proposing an increase of 40.5 million dollars over the current fiscal 2015 budget.

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U.S. President Barack Obama speaks at the White House in Washington February 9, 2015.

The Obama administration is battling Wall Street to win the support of dozens of Democrat lawmakers over rules that could rein in brokers who handle trillions of dollars in retirement accounts. President Barack Obama on Monday called on the Department of Labor to write new rules for brokers that seek to reduce conflicts of interest and "hidden fees" the White House says cost Americans $17 billion from their retirement plans every year.

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FLESHER: Obamaa s regulation may lead to more DIYers

On Feb. 23, 2015, a somber President Barack Obama stood behind the podium at the AARP Headquarters in Washington, D.C., and stated, “There are a lot of very fine financial advisors out there, but there [are] also financial advisors who receive back-door payments or hidden fees for steering people into bad retirement investments that have high fees and low returns.” He continued with, “They might even recommend investments with worse returns simply because they get paid to recommend those products.

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Town hall sparks discussion

Photo by Michael Mott - TWN. Jed Diamond encouraged more to attend the Willits Walk for Wellness, for residents to better see what improvements and changes could happen, with "boots on the ground" in their town.

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Central Coast lawmakers round out 2015 agendas

Sacramento >> Area lawmakers completed their 2015 legislative wish lists on Friday, the last day for bills to be introduced at the state Legislature. Assemblymember Luis Alejo, D-Watsonville, said he would seek a pilot program to provide health care for farmworkers, including undocumented laborers.

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Missing retirement funds to be reimbursed using dead CEO's money

A retirement fund of the title insurance executive who committed suicide by nailgun last year and a separate insurance policy will cover more than $100,000 employees said was misappropriated from their own retirement accounts, court records show. In a pending settlement agreement between the estate of Richard Talley, former CEO of American Title Services Company in Greenwood Village, and the U.S. Department of Labor, money that employees said was deducted from paychecks but never made it to their retirement accounts will be repaid.

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SBE Agenda for March 2015

STATE BOARD OF EDUCATION Public Session. The Closed Session will take place at approximately 11:30 a.m. Please see the detailed agenda for more information about the items to be considered and acted upon.

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In rare move, appeals panel yanks case from Houston federal judge

A Houston federal judge who has been accused of unfairly stalling a federal whistleblower lawsuit for more than eight years has been removed from the case by the 5th Circuit Court of Appeals for ignoring its instructions. In a rare move, a three-judge panel determined that the case should be assigned to a jurist other than U.S. District Judge Lynn Hughes .

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Ex-city employee fired for revealing fraud sues city of Houston

A former city employee is suing the city of Houston. She said she was fired for revealing fraud within the city government.

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As part of federal requirements, employees can voluntarily identify disabilities

All full- and part-time Penn State employees will receive an email this week from Penn State's Affirmative Action Office inviting them to voluntarily self-identify whether they do or do not have a disability in order to meet a new federal regulation passed last year. The information provided will be kept confidential within the AAO office and will only be used to calculate an anonymous, aggregate report for the Office of Federal Contract Compliance Programs , as mandated by law.

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A new bill in New York could give whistleblowers a big cut of recovered money

New York Attorney General Eric Schneiderman will propose legislation that seeks to protect whistleblowers in the financial services industry. Think Advisor notes, "Schneiderman's bill, the Financial Frauds Whistleblower Act, would provide financial compensation to whistleblowers who voluntarily report fraud in their industry and whose tips lead to more than $1 million in penalties or settlement proceeds."

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Hit Us Again, Harder

The Equal Employment Opportunity Commission lost another high-profile lawsuit last week in what's become a pattern. But EEOC v.

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Union says VA retaliation won't be tolerated

More than two dozen VA employees demonstrated Friday in support of Javier Soto, a former St. Petersburg benefits officer who was fired last year. More than two dozen Veterans Affairs employees demonstrated Friday in support of Javier Soto, a former St. Petersburg benefits officer who was fired last year.

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Speak Up for Safety (and Money)! Senate Committee Recommends Payouts to Auto-Industry Whistleblowers

In the wake of the Takata airbag debacle and the GM ignition-switch mess, the Senate Commerce, Science and Transportation Committee has drafted a measure to incentivize auto-industry whistleblowers. The Senators posit that employees who speak up about safety defects should receive up to 30 percent of any federal fines eventually imposed.

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AFOP Announces Former Migrant and Seasonal Farmworker Success Story

According to the Association of Farmworker Opportunity Programs , Mrs. Anita Clinesmith went from making only $6.00 per hour as a seasonal farmworker in Oklahoma to owning a half-million dollar trucking operation. One life-changing day she met Gene Burden, owner of a trucking company, who told her that if she would earn a Commercial Driver's License , he would give her a job.

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GAO Urges Oversight of Pension Lump Sums Offers

Since 2012, a number of large defined benefit pension plan sponsors have given selected participants a limited-time option of receiving their retirement benefits in the form of a lump sum. Although sponsors' decisions to make certain lump sum "window" offers is permissible by law, "questions have been raised about participants' understanding of the financial tradeoffs associated with their choice," states a 2015 report from the Government Accountability Office , Private Pensions: Participants Need Better Information When Offered Lump Sums That Replace Their Lifetime Benefits .

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GAO Urges Oversight of Pension Lump Sums Offers

Second-round chief finalists share policing strategies

Bellevue City Manager Brad Miyake said he plans to move quickly in making his decision as to which of the four police chief finalists selected by an independent recruiter will wear the badge. The finalists were picked from across the country by the Police Executive Research Firm, which specializes in targeted searches for police command staff.

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MS Attorney General Opposes Legislation to Study Mental Health

Legislation to study Mississippi's mental health system met opposition from Attorney General Jim Hood, who claims it could jeopardize the state's ongoing negotiations with the U.S. Department of Justice. Hood sent the Feb. 18 letter to the Mississippi Department of Mental Health, whose board also mentioned the DOJ in its own opposition to the bill.

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UC Davis Study Finds Undocumented Farmworkers Use Medicaid Half as...

Undocumented farmworkers are half as likely as those who are documented to use Medicaid, the federal health insurance program available to low-income individuals and families, according to a new study from UC Davis Health System. Undocumented workers don't have any other place to go for health insurance.

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New York Court Holds That Alcohol Treatment Is Not Compensable Time

Gibbs v. City of New York , No. 12-CV-8340 : The Southern District of New York held that the Fair Labor Standards Act does not require an employer to pay overtime to two female police officers whom the New York City Police Department required to attend alcohol treatment and counseling in order to avoid discipline or dismissal.

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Hiring our Heroes job fair planned in Manchester

New York Court Holds That Alcohol Treatment Is Not Compensable Time

DOL Extends FMLA Protection to Same-Sex Spouses

The U.S. Department of Labor recently issued a final rule amending its definition of "spouse" under the Family and Medical Leave Act to extend FMLA protection to legally married employees with same-sex spouses, regardless of where they live. The DOL's final rule codifies its view - announced in its June 27, 2014, Notice of Proposed Rulemaking - that all legally married couples, whether opposite sex or same-sex, should have consistent federal family leave rights, even if state family leave rights are inconsistent.

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[Robert B. Reich] We're all independent contractors

GM is worth around $60 billion and has more than 200,000 employees. Its front-line workers earn from $19 to $28.50 an hour, with benefits.

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Prepare for Imminent FLSA White-Collar Regulations

While employers wait for the imminent issuance of proposed Fair Labor Standards Act white-collar regulations, they can take some steps to prepare. Lee Schreter, chairman of the board with Littler in Atlanta, said she's hearing the proposed regulations will be issued in March, although she added that they haven't been sent yet to the Office of Management and Budget.

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Mother wins legal fight to have her disabled son's service dog go to school with him

Monica Alboniga says Stevie the Staffordshire Terrier has "changed her life" after he was brought in to help her seven-year-old son Anthony Merchante, who has cerebral palsy, spastic paralysis, a seizure disorder and can't speak. "I feel completely safe every time he is with the dog because I know the dog will look for help," she told The Miami Herald .

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PSC Calls on White House to Rescind Flawed Exec Order at Congressional Hearing

PSC President and CEO Stan Soloway testified during a House Committee on Education and the Workforce hearing that the White House should rescind its Fair Pay and Safe Workplaces executive order due to its unworkable nature and detrimental effects on law-abiding companies. A copy of his written statement submitted to the committee's Workforce Protections Subcommittee and Health, Employment, Labor and Pensions Subcommittee is available here.

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Expert: Obama's Wall Street Crackdown a Game-Changer for Middle Class Americans

President Obama announced this week that the Department of Labor will "crack down on Wall Street," leading to a requirement that all retirement advisers be held to the fiduciary standard, which essentially requires them to put their clients' financial interests before their own. This proposed change could save Americans who use an adviser for retirement investments thousands of dollars in the course of their working lives.

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AXA Plans Global Employee Benefits Foray into U.S. Market

','', 300)" onmouseout="hideddrivetip()">Researchers at Fred Hutchinson Cancer Research Center Have Reported New Data on Human Papillomavirus (Factors associated with HPV awareness among... will apply this knowledge and experience as it develops its U.S. offering - a suite of benefits products scheduled to begin rollout in mid-2015, including group life insurance, dental and vision, short- and long- term disability, gap medical and hospital indemnity, and critical illness. "AXA is entering the U.S. employee benefits market at a time of great opportunity to help business owners navigate new regulations and obtain affordable and flexible coverage for their employees," said Balzano.

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Closed since 2013, Hillside library to open its doors Saturday

HILLSIDE - For the first time since its August 2013 closure, the township's public library will open its doors to residents on Saturday. Damage from a flash flood on Aug. 28, 2013 closed the library, leaving residents without its services.

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NHS whistleblower to scrutinise performance of hospital trust

Michigan Whistleblower Attorney Collaborates with New York Law Firm...

Drew Cooper & Anding represents whistleblowers in Medicare fraud case brought against Agility Health, LLC and Oceana County Medical Care Facility; secures six-figure payouts and settlements While this particular case was successful in reimbursing the United States for more than the loss to Medicare, nationwide estimates indicate that the government recovers only 10 cents of each dollar taken by fraud. Two West Michigan health care providers have agreed to repay the federal government $1 million to settle allegations of Medicare fraud that date back to 2009.

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On the heels of Models with disabilities walking the runway during NY ...

The model competition will run from The model competition is housed on Facebook one male and one female model will be chosen to be the new face of Models of Diversity. Winners will receive a cash prize, an interview on Simply She, designer clothes, and more! Judges will participate from Models of Diversity, Global Disability Inclusion and celebrity judge "We are excited to launch this competition with Global Disability Inclusion.

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Lawsuit claims Bully's lists cooks as execs to dodge OT

The largest and oldest sports bar chain in northern Nevada is being accused of violating federal labor laws by intentionally misclassifying cooks and kitchen managers as executives to avoid paying them overtime. Bully's Sports Bar & Grill allegedly forced kitchen staff to work more than 60 hours a week routinely without paying overtime for at least the last three years, according to a lawsuit filed in U.S. District Court in Reno.

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5 job perks that can help you save money

They say that a penny saved is a penny earned. Unfortunately, a penny earned isn't always saved.

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USDA Whistleblowers Tell All - "and You May Never Eat Bacon Again

In 2004, Elsa Murano stepped down from her post as chief of the US Department of Agriculture division that oversees food safety at the nation's slaughterhouses. Two years later, she joined the board of directors of pork giant Hormel , a company that runs some of the nation's largest slaughterhouses.

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U.S. Senate panel OKs auto industry whistleblower incentive

A measure that would offer financial incentives for auto industry employees to expose safety defects won unanimous backing from a U.S. Senate panel today. The vote by 13 Republican and Democratic members of the Senate Commerce, Science and Transportation Committee sends legislation to the floor of the Senate that would allow whistleblowers to share in auto company penalty payments.

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Suit says sports bar chain lists cooks as execs to dodge OT

Whistleblower to scrutinise Trust

Abinanti Introduces Government Whistleblower Protection Legislation

Assemblyman Tom Abinanti has introduced government whisteblower protection that goes beyond protecting those who report wrongdoings and unlawful activities to law enforcement. "The discussion about ethics in state government is missing a key component: encouraging whistleblowers to report wrongdoing to law enforcement," said Abinanti .

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Thursday, February 26, 2015

GoLocalProv | Business | Friday Financial Five - February 27, 2015

Economic conditions have propelled a transition from owning to renting as home ownership is at the lowest level in twenty years, according to the Commerce Department. Almost 70 percent of people owned their homes in 2004, but that rate has steadily crept down to the current seasonally adjusted rate of 63.9 percent.

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Pallet facility faces $133K in OSHA fines

An employee complaint led inspectors from the U.S. Department of Labor's Occupational Safety and Health Administration to a wood pallet manufacturing facility in Elida operated by A & D Wood Products, where they found workers at risk of amputation, explosion and other life-threatening hazards. Employees operated machines without eye protection and without effective safeguards from moving parts amid large amounts of combustible wood dust piled throughout the facility.

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This week on social media with advisers

The White House and Department of Labor announced a push for fiduciary standards, the president gave adviser Sheryl Garrett a shout out and advisers responded to Morgan Stanley's leaked take on the Hunger Games The White House and Department of Labor announced a push for fiduciary standards, the president gave adviser Sheryl Garrett a shout out and advisers responded to Morgan Stanley's leaked take on the Hunger Games. During a speech at AARP headquarters, President Barack Obama directed the DOL to restrict brokers' handling of retirement planning to follow fiduciary rules.

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Judge orders Postal Service to pay damages to whistleblower

Trios Health announced plans on Thursday to let go of 40 staff members in an effort to save money. The announcement came from Trios Health CEO Glen Marshall at the monthly public board of commissioners.

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Suit against FedEx moved here

A federal court has decided to move to Pittsburgh a suit alleging that Moon-based FedEx Ground discriminated against deaf employees. U.S. District Judge William Nickerson of the District of Maryland granted the company's request to move the venue because it was more convenient for witnesses.

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Jon Stewart Goes After Obama Admin. Prosecution of Whistleblowers

Jon Stewart used a case about an HSBC whistleblower to go after the Obama White House for its repeated prosecution of whistleblowers under the Espionage Act. Stewart went over the many uses of the Espionage Act by the White House, and while he mistakenly believed whistleblowers are normally rewarded with "ten million dollars and unlimited blowjobs," it turns out that they actually get in trouble.

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Tax hikes can't be the only way to pay for Beach teachers' raises

Earlier this week, the city's school superintendent fired a warning shot: If the School Board accepts his spending proposal for next year, educators will be asking for a 4-cent hike in the real estate tax rate. Schools don't set tax rates.

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CA lawmakers team up to fight predatory lawsuits

KELLIE: LIVE IN WOODLAND. ROB: CALIFORNIA LAWMAKERS ARE TEAMING UP TO FIGHT PREDATORY LAWSUITS AGAINST SMALL BUSINESSES.

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Minimum wage increase helps individuals, ok for small biz

Alaska's statewide minimum wage increase went into effect on Tuesday. Now, thousands of jobs in the state pay $8.75 an hour - a dollar increase.

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Lawmakers band together to fight drive-by ADA lawsuits

The move comes after a wave of litigation based on the Federal Americans with Disabilities Act was filed against more than 60 businesses in Stanislaus and Merced counties alone -- and hundreds more were filed up and down the state. Brad Bilson of Bilson's Sports Shop in Turlock is one of more than 20 businesses being sued by the same woman from Atwater.

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Building code changes prompt construction surge

Homebuilders in a rush to beat what could be costly code changes drove a February surge in construction of single-family houses in the Twin Cities. During the past four weeks, metro-area builders were issued 347 permits to build 357 units, according to a monthly report from the Builders Association of the Twin Cities .

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Flowery trail hits roadblock

A portion of the Central Sonoma Valley Trail that was scheduled to be completed this summer will be pushed back at least a couple of months. The portion, which is a bit longer than a tenth of a mile, would connect Larson Park to Flowery Elementary School.

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America in deflation amid higher job claims

Our eNewspaper network was founded in 2002 to provide stand-alone digital news sites tailored for the most searched-for locations for news. With a traditional newspaper format, more than 100 sites were established each with a newspaper-type name to cover the highest-ranked regions, countries, cities and states.

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America in deflation amid higher job claims

Woman turns to Truth Squad after 'humilitating' service dog incident

Service dogs provide services for people with a wide range of disabilities, from blindness to Post Traumatic Stress Disorder. But KBOI 2News found out that the laws put in place to protect those people can still leave room for a little confusion.

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10 Keys for New or Current Employers to Hiring an Employee

Hiring an employee is one of the most important things that a small business owner will do, but few have experience doing it. Below is a list to help you consistently obtain better results.

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Public Notices 2-25-15

PUBLIC NOTICE Bear River Canal Company's 2015 Annual Meeting February 25, 2015 at 7:00 P.M. BR High School - Presentation Room 1000 North 300 East, Tremonton. Published in the Leader on February 18 & 25, 2015.

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National Safety Council: Opioid prescription painkillers have hidden, deadly side effects

Today the National Safety Council released a white paper, The psychological and physical side effects of pain medications , debunking the belief that opioid painkillers, such as Vicodin and Oxycontin, are safer options than over-the-counter pain relievers. "More Americans overdose on prescription painkillers than on heroin and cocaine combined," said Deborah A.P. Hersman, president and CEO of NSC.

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Abercrombie's Religious Discrimination Suit Reaches The Supreme Court

Yesterday, The Supreme Court of the United States heard an employment discrimination case seven years in the making. It touches on some thorny issues: Alleged religious bias, the latitude a company has to impose a dress code on its employees, and the embattled brand Abercrombie & Fitch , which has been taken to task over the years for its insistence on hiring to establish a uniform look.

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tenBroek Symposium

Join leading disability rights advocates from throughout the United States in celebration of the Americans with Disabilities Act by looking ahead to the next twenty-five years. The 2015 Jacobus tenBroek Disability Law Symposium will consist of plenary sessions and workshops facilitated by distinguished law professors, practitioners, and advocates who will discuss topics such as: the future of disability, how to enable the participation of people with disabilities in court proceedings, the unique challenges faced by criminal suspects and offenders with intellectual and developmental disabilities, and a vision for the next twenty-five years to improve and augment the ADA, Rehabilitation Act, and IDEA.

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Shabby data dooms disparate impact claim

The U.S. Equal Employment Opportunity Commission has come under sharp attack from a federal appeals court judge for its choice of an expert and use of "utterly unreliable" analysis in trying to show that pre-employment background criminal and credit background checks have a disparate impact on black job applicants.

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City and NYPD Sergeants Reach $8 Million Agreement in Overtime Lawsuit

The same week as the city settled contract negotiations with the NYPD's sergeants union, it also agreed to pay $8 million to more than 5,000 sergeants to settle a lawsuit alleging the city had failed to pay them overtime, the Observer has learned. The federal lawsuit, Edmund Small et.

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"Lies, D*MNED Lies, and Statistics": Fourth Circuit Affirms...

On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court's entry of summary judgment against the U.S. Equal Employment Opportunity Commission with respect to its lawsuit alleging that an employer's background check program violated Title VII of the Civil Rights Act of 1964. EEOC v.

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Insurers Targeted in Proposed N.Y. Corporate Whistleblower Protection Law

Employees who report illegal activity in insurance, banking and financial services would be protected and compensated for their trouble under new legislation proposed by New York State Attorney General Eric Schneiderman. The new bill comes as the issue is getting greater scrutiny on a national level.

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Are You Endangering Your Employees' Health?

With companies of all sizes seeking to cut healthcare costs and avoid penalties imposed by the Affordable Care Act, we're hearing lots of news about instituting workplace wellness programs as a way to promote a healthier workforce. Also gaining attention, workplace practices such as ergonomic office spaces, meditation, mid-day naps, standing desks and walking meetings are being put forth as ways to create a healthier workforce.

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Man killed as front-end loader sinks in dairy waste pond

The Yakima County sheriff's office says a worker at a Mabton-area dairy farm died Wednesday when the front-end loader he was driving sank into a pond of waste water. The 27-year-old Mabton man was unable to free himself from the enclosed cab of the loader after the wheels went off the shoulder and fell on its side into the waste.

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Cops: Woman stole government benefits

A Schenectady County woman is accused taking thousands of dollars of government benefits she wasn't entitled to receive, State Police said. Cynthia Bucci , 62, of Pattersonville was arrested Thursday and charged with two counts each of grand larceny, falsifying business records and offering a false instrument for filing, all felonies, troopers said.

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Fresno State AD Jim Bartko unveils vision for Bulldog Stadium...

Fresno State Athletic Director Jim Bartko unveiled a three-phase plan to upgrade Bulldog Stadium on Thursday and said women's water polo will join men's wrestling as new Bulldogs sports. Bartko, in his second month on the job, made the announcements as part of a presentation titled "Empowering Excellence" during a news conference at the campus.

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Wednesday, February 25, 2015

Changes to worker's comp law unlikely to pass

A senate bill would change the law that made it tougher for workers to be compensated for on the job injuries. The bill, which isn't making it out of committee, would reverse changes to the workers compensation law made in 2011 and last year.

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generic Gerald R. Ford Federal Building generic federal court

Grand Rapids-based Agility Health, which provides health care services in 20 states, will pay a settlement of $850,000. Oceana County Medical Care Facility, which was managed by Agility Health, will pay a settlement amount of $150,000.

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Victim: 'Hospitals Are Petri Dishes For Abuse'

Children in NHS hospitals are still at risk from abusers like Savile unless the law is changed, a pressure group has said. Tom Perry, a survivor of abuse himself and founder of the group Mandate Now, has explained to Sky News why laws compelling staff to report concerns of abuse must be introduced.

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Supreme Court hears case of woman who wasn't hired because of head scarf

Washington a The Supreme Court seemed inclined Wednesday to agree with a Muslim woman who charged that retailer Abercrombie & Fitch violated anti-discrimination laws when it denied her a job because her headscarf conflicted with the company's dress code. The Equal Employment Opportunity Commission took up the case of Samantha Elauf, who was denied a job at one of the chain's stores in Tulsa, Oklahoma.

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US justices appear to favor Muslim denied job over headscarf

Have you heard the one about the Sikh, the Hasidic Jew, the Muslim and the nun who walked into a job interview? Supreme Court Justice Samuel Alito channeled his inner stand-up comic Wednesday in indicating that he and most of the court would side with a Muslim woman who showed up for a job interview with Abercrombie & Fitch wearing a black headscarf. She didn't get hired.

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Local real estate market going strong despite winter weather

You may have noticed real estate signs buried in the snowbanks lately. It's just one of several obstacles this winter weather is creating for the local real estate market.

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Chesterfield bans most animals from town buildings, vehicles

CHESTERFIELD, N.H. >> While the winter months may be an appropriate time to adopt a new pet, the Chesterfield Board of Selectmen has opted to adopt a new pet policy. The Selectmen voted 2-1 on Wednesday, Feb. 18, to institute the policy that bans the presence of pets - with the exception of service animals, police dogs, or animals temporarily in the custody of the Chesterfield Police Department - in town-owned buildings or vehicles.

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Equal Employment Opportunity Commission

Lauren Schreiber and Umna Khan join other supporters from The Council on American-Islamic Relations during a news conference outside the U. S. Supreme Court after the court heard oral arguments in EEOC v. Abercrombie & Fitch.

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Oakland Whistleblowers Say Veterans Being Denied Benefits

CBS San Francisco Connect With Us At KPIX 5 PROGRAM GUIDE: KPIX 5 TV Schedule WATCH: A Glimpse Inside The Working KPIX 5 Newsroom Breaking News Send news tips, video & photos, and video to the KPIX 5 [] CONNECT WITH KCBS Welcome to KCBS All News 740AM & 106.9FM on CBSSanFrancisco.com! LISTEN LIVE RIGHT NOW: KCBS Live Audio Stream LIKE KCBS Radio On Facebook: KCBS is the Bay Area's only all news station, serving listeners with [] OAKLAND - The Veterans Benefits Administration provides $95 billion of entitlements each year to veterans, including disability money, pensions to vets and their surviving spouses and death benefits - even American flags at veterans' funerals.

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SEC Probes Companies' Treatment of Whistleblowers

In recent weeks the agency has sent letters to a number of companies asking for years of nondisclosure agreements, employment contracts and other documents, according to people familiar with the matter and an agency letter viewed by The Wall Street Journal.

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Interest in bioengineering soars with cutting-edge UMass Dartmouth lab

The future is now at UMass Dartmouth's bioengineering lab where students and staff are working on things that were once the stuff of science fiction. And they're doing it in a lab that allows them the space and equipment to do cutting-edge research in a field that's the fastest-growing major at UMass Dartmouth.

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Own stock in a former employer? Here's how it will be taxed.

Today I have answers to questions in response to my column ealier this month on the taxation of employee stock purchase plans from readers who own shares in companies they left long ago. Q: Susan S. asks, "What happens when stocks were purchased through one of these plans years ago, and the employee has since left the employer and transferred the shares into an account at another investment company? In this case, these were Wells Fargo shares, purchased in the 1990s and moved to our account at Charles Schwab before 2001.

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Supreme Court seems to side with Muslim woman in discrimination case

The Supreme Court seemed inclined Wednesday to agree with a Muslim woman who charged that retailer Abercrombie & Fitch violated antiA discrimination laws when it denied her a job because her head scarf conflicted with the company's dress code. The Equal Employment Opportunity Commission took up the case of Samantha Elauf, who was denied a job at one of the chain's stores in Tulsa.

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Freshman Maryland delegate pushes bill to restore voting rights for felons

A freshman delegate in the Maryland General Assembly is championing a bill that a deep personal meaning to him: the restoration of full voting rights for ex-offenders. The bill would remove the obstacles that are in the way of an estimated 40,000 ex-offenders in Maryland who want to vote.

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Service animals, yes; emtional support animals, no

Animal Control Services fined and cited a man whose Macaque monkey bit a female bank employee on the North Side recently. Service animals are truly importnat, but emotional support animals are questionable.

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Service animals, yes; emtional support animals, no

Justices appear to favor Muslim denied job over headscarf

Former SES boss Murray Kear faces prosecution over ICAC findings over whistleblower sacking

The former head of the SES may be charged for sacking a whistleblower after she alleged a colleague had misused funds. In the first case of its kind in NSW, the former head of the State Emergency Service is facing prosecution for sacking a whistleblower.

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Justices appear to favor Muslim denied job over headscarf

Samantha Elauf, right, with her mother, Majda Elauf, stand outside the Supreme Court Wednesday in Washington. The Supreme Court is indicating it will side with a Muslim woman who didn't get hired by clothing retailer Abercrombie & Fitch because she wore a black headscarf that conflicted with the company's dress code to her job interview.

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Risk Management High court justices show support for Muslim woman...

During the oral argument, it appeared the court's four liberal justices are likely to vote in Ms. Elauf's favor.

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CBS Uncovers New VA Scandal: Dept. Ignored Veterans' Benefits Claims

Wyatt Andrews revealed the details of a new scandal at the Department of Veterans Affairs on Wednesday's CBS This Morning . Andrews zeroed in on how the veterans' benefits office in Oakland, California simply ignored " more than 13,000 informal claims filed between 1996 and 2009 all of which were stashed in a file cabinet and ignored until 2012 ."

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EEOC Blog Series Part V - Age

Age discrimination involves treating someone less favorably because of his age. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

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Alleged false Medicare claims lead to $1M settlement with federal government

Agility Health and Oceana County Medical Care Facility will pay the federal government 1-million-dollars following charges that they submitted false claims to Medicare. U.S. Attorney Patrick Miles announced Wednesday that Agility Health, LLC and Oceana County Medical Care Facility have entered into the agreement to resolve allegations that they submitted false claims to Medicare, or caused false claims to be submitted to Medicare, in violation of the federal False Claims Act.

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Suit by fired whistle-blowing elevator mechanic is reinstated

Citing California's strong protections for whistle-blowers, a federal appeals court has reinstated a lawsuit by a South Bay elevator mechanic who said he was fired for reporting dangerous conditions in an elevator at a Nordstrom department store. William Lukov said Schindler Elevator Corp. dismissed him in February 2010, three days after the company pulled him off its team of Nordstrom elevator inspectors at the retailer's request.

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Abercrombie defends 'look policy' in hijab case

In oral arguments Wednesday before the Supreme Court, Abercrombie & Fitch defended its decision not to hire a job applicant who wore a hijab to her job interview. It wasn't the first time Abercrombie has been compelled to defend its "look policy" in a legal forum, nor the first time that policy has drawn attention from the Equal Employment Opportunity Council, which brought the lawsuit.

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Will Prison Eventually Kill America's Activists as It Did Oscar Wilde?

When a magistrate sentenced the literary genius to two years of hard labor for the crime of being gay, he said it was the maximum punishment allowed by law. That turned out to be truer than the judge might have imagined.

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Wareham joins county pension benefits program to save 'millions'

"We will be saving millions of dollars right off the bat," he said. "Our OPEB liability is looking to be around $82 million.

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'Falling unemployment' not a cause for celebration

WASHINGTON, DC The falling unemployment numbers should be cause for merriment but it's hard to find enough people who are happily employed these days, at least not enough to put together a decent celebration, according to Dan Weber, president of the Association of Mature American Citizens.

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Paper Victory in Wage Cases

The New York State Department of Labor boasts that it has recovered $169.4 million in stolen wages since 2011 through settlements and judgments against employers.

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Stephen Maher: A pundit discovers the perils of playing politics

For the past 12 months I've been a member of the executive of the Parliamentary Press Gallery, the elected board that approves identity cards that allow journalists to gain access to Parliament Hill. In the smallest kind of way, I have been a politician, attending meetings, debating, voting on motions, thinking about what decisions are in the best interests of the 400 members of the gallery.

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Walmart, EEOC Settle Age, Disability Discrimination Case: 3 Lessons

Walmart has settled a lawsuit brought by the EEOC on behalf of David Moorman, a former manager at a Walmart store in Keller, Texas. The suit alleged age and disability discrimination in violation of the Age Discrimination in Employment Act and the Americans with Disabilities Act .

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California manicure shop turns away teen in wheelchair

PALMDALE, Calif. -- After four months away from home and several rounds of chemotherapy and radiation to treat a cancerous tumor in her nervous system, which left her in a wheelchair, 13-year-old Patricia Moore's mom thought she deserved a treat.

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Justices Appear To Favor Muslim Denied Job Over Headscarf

Headscarf case offers religious liberty cover

A majority of Supreme Court justices on Wednesday seemed to favor protecting broad accommodations for religious employees in a case that pits Muslim headscarves against a preppy teen clothier. In 2008, a 17-year-old Muslim girl wearing a hijab interviewed for a job at the clothing retailer Abercrombie & Fitch in Tulsa, Okla.

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Headscarf case offers religious liberty cover

L.A. County fire officials long ignored warnings that hiring was rigged

L.A. County fire Chief Daryl Osby confirmed the department did not investigate allegations of nepotism and cheating made in 2012 by a former fire caption, but he has asked the county Auditor-Controller Department to launch a new inquiry. L.A. County fire Chief Daryl Osby confirmed the department did not investigate allegations of nepotism and cheating made in 2012 by a former fire caption, but he has asked the county Auditor-Controller Department to launch a new inquiry.

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Walmart Settles EEOC Age, Disability Discrimination Suit for $150K

While Walmart's in-house counsel may know all the rules regarding age and disability discrimination, some of Walmart's in-store employees clearly do not. The EEOC filed suit against Walmart on behalf of David Moorman, a former manager at a Walmart store in Keller, Texas, alleging age and disability discrimination in violation of the Age Discrimination in Employment Act and the Americans with Disabilities Act .

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Raritan Valley Community College in Branchburg slates information sessions for auto tech program

Students interested in learning more about the Automotive Technology program at Raritan Valley Community College are invited to attend one of two upcoming Information Sessions. Automotive Technology Information sessions are scheduled for March 10 and 31. Both sessions will be held from 3:30-5 p.m., in the Bateman Student Center at the College's Branchburg Campus.

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Justices appear to favor Muslim denied job over headscarf

The Supreme Court indicated Wednesday it will side with a Muslim woman who didn't get hired by clothing retailer Abercrombie & Fitch because she wore a black headscarf that conflicted with the company's dress code to her job interview. Liberal and conservative justices aggressively questioned the company's lawyer during arguments at the high court in a case that deals with when an employer must take steps to accommodate the religious beliefs of a job applicant or worker.

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Fitness enthusiasts help drive wellness program

Zurich North America employees who are interested in fitness have served as "wellness champions" in the company's wellness program, helping to engage other Zurich employees and boost participation in the company's health initiatives, says Sarah Staggs, head of benefits for Zurich. It's "really important to harness the passion of those employees who are already in the position of valuing wellness and want to be really championing that perspective in the workplace and in their own lives," Ms.

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Republican introduces bill to halt Obama's DOL fiduciary push

Two days after President Barack Obama gave substantial momentum to a pending Department of Labor rule that would raise investment advice standards for retirement accounts, a House lawmaker is trying to stop the regulation. On Wednesday, Rep. Ann Wagner, R-Mo., introduced a bill that would force the DOL to wait until after the Securities and Exchange Commission has acted on a similar fiduciary rule it is considering for retail investment advice.

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California manicure shop turns away teen in wheelchair

After four months away from home and several rounds of chemotherapy and radiation to treat a cancerous tumor in her nervous system, which left her in a wheelchair, 13-year-old Patricia Moore's mom thought she deserved a treat. After doctors released her, Shannon Moore planned a mall shopping spree for her daughter, beginning with a manicure.

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Fast-track info sessions for Florida TRADE Manufacturing, March 2 and 5

Heads up to anyone interested in a fast track to a manufacturing career: Information session for the Florida TRADE Manufacturing Program will run Monday, March 2, and Thursday, March 5, at 5 p.m. presented by the College of Workforce and Continuing Education at Daytona State College . The Florida TRADE Manufacturing program can open doors to a career in manufacturing through an 11-week course that starts April 27. The course develops an initial set of technical skills that can lead to certifications, internships and job interviews with partnering manufacturing companies such as AO Precision, Covidien, Thomas & Betts, and Hudson Technologies.

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62 displaced, 10 remain in shelter in Hooksett; OSHA mum on halt to...

IT WILL BE FOUR TO EIGHT weeks before dozens of people will be able to return to their Carrington Farms condos.

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1,500 Gibson Home Double Grill Non Stick Steel for Promotional Giveaway at West Siloam Springs

Cherokee Nation Entertainment, LLC, , a wholly owned tribal company of the Cherokee Nation, is seeking qualified bids for 1,500 Gibson Home 17"x 10" Double Grill Non Stick Steel. ****BIDS DUE NO LATER THAN March 2, 2015 at 5pm ****Submit bids to amy.eubanks@cnent.com OR mail to the attention of Amy Eubanks at 584 Stateline RD Colcord, OK 74338.

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Whistleblowers: VA Cheated Veterans, Widows Out of Benefits

The Veterans Benefits Administration, which disburses about $95 billion worth of assistance a year to veterans, including disability funds and pensions, has come under intense fire for mishandling benefit claims. CBS News reported Thursday that that its own investigation had uncovered large-scale mismanagement of claims by the benefits administration part of the Department of Veterans Affairs including reports that thousands of claims were stashed in file cabinets and ignored.

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Supreme Court hears oral arguments on religious accommodation, attorney compensation

In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. [docket], the court heard arguments [transcript, PDF] on whether an employer can be liable [questions presented, PDF] under Title VII [text] of the Civil Rights Act of 1964 for declining to hire an applicant based on the applicant's religion only if the employer's knowledge that the applicant required religious accommodation resulted from direct, explicit notice by the applicant.

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Police chief resigns after employment complaint filed

In Lake County, the city of Fruitland Park's police department is operating without a chief after their top cop resigned suddenly this week. SUMMER KNOWLES, WESH 2 NEWS.

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Cook County's New Wage-Theft Ordinance

Cook County recently increased the stakes on wage and hour compliance for employers that transact business with or receive tax incentives from the County. After May 1, 2015, Cook County may refuse to allow businesses to operate or do business with the County for up to five years, if the business has been found in violation of state or federal wage-payment laws, regardless of whether the employees lived or worked in the County.

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Earthwalk Park to receive ADA-compliant upgrades

"Antiquated" playground equipment will soon be replaced at Earthwalk Park with new equipment that will be compliant with new Consumer Product Safety Commission guidelines and Americans with Disabilities Act requirements, according to a staff report. The proposed project will also replace shade structures at the park, located at the corner of Grismer and Peyton avenues.

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Tuesday, February 24, 2015

ANALYSIS: Experts Say ADA Case Has Merit

After the National Association of the Deaf filed lawsuits against Harvard and MIT alleging that the universities' online content discriminates against the deaf and hard of hearing, some legal experts said they believe the suit has merit. Filed earlier this month, the complaint alleges that by not captioning its online content, including content on edX , a virtual education platform founded by Harvard and MIT in 2012, the schools violate the Americans with Disabilities Act of 1990, which requires that places of public accommodation are accessible to all.

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Contractor fined $163K for underpaying Mendocino Co. winegrape harvest workers

A farm labor contractor from Northern California has been ordered to pay more than $163,000 in back wages and damages to 59 migrant workers after a federal investigation on practices during the Mendocino County winegrape harvest. The U.S. Department of Labor on Tuesday said its Wage and Hour Division investigators found Manuel Quezada, of Orland, failed to pay wages for three weeks while crews picked near Ukiah.

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UNC, ex-learning specialist reach settlement agreement

The former North Carolina learning specialist who questioned the literacy level of Tar Heels athletes has reached a settlement to end her lawsuit against the school. Mary Willingham and school spokesman Rick White confirmed the settlement Tuesday.

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Athletes specialist reaches settlement with UNC

CHAPEL HILL The former North Carolina learning specialist who questioned the literacy level of Tar Heels athletes has reached a settlement to end her lawsuit against the school. Mary Willingham and school spokesman Rick White confirmed the settlement Tuesday.

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VA employee reforms, good or not, could be road map for other agencies

Joe Davidson writes the Federal Diary, a column about the federal workplace that celebrated its 80th birthday in November 2012. View Archive President Obama's repeated proposals for a Commission of Federal Public Service Reform have been ignored by Congress.

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Shareholder Alert: Brower Piven Encourages Investors Who Have Losses...

The securities litigation law firm of Brower Piven, A Professional Corporation, announces that a class action lawsuit has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of MiMedx Group, Inc. securities during the period between February 26, 2014 and December 31, 2014, inclusive . Investors who wish to become proactively involved in the litigation have until April 20, 2015 to seek appointment as lead plaintiff.

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Apology for Kaldas: bugging report

AN inquiry into a police bugging scandal has called on the NSW government to apologise to one of the state's top-ranking police officers, and found 46 people were put under surveillance without proper evidence. THE NSW Upper House inquiry into the long-running scandal has also demanded proof that Deputy Commissioner Nick Kaldas and Deputy Commissioner Catherine Burn - both rivals to be the next police commissioner - can work together.

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CPS: Dismissal of pregnant teachers was 'consistent with business necessity'

Scammon Elementary School Principal Mary Weaver walks with Chicago Mayor Rahm Emanuel through the Northwest Side school in May 2012. Scammon Elementary School Principal Mary Weaver walks with Chicago Mayor Rahm Emanuel through the Northwest Side school in May 2012.

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Reform Online Lending Praises Action by FTC to Uncover Telemarketing Abuses

Mark Curry, founder of Reform Online Lending , today praised the Federal Trade Commission for taking action against several debt relief companies for violations of the Telemarketing Sales Rule. "The Federal Trade Commission should be commended for actively enforcing the Telemarketing Sales Rule and identifying debt relief companies who mislead consumers with advertisements that break the law and telemarketing that deceives the public," Curry said.

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San Bruno CA: STUDY Session - Code Enforcement and EMERGENCY Shelter Location

City Council meetings are conducted in accordance with Roberts Rules of Order Newly Revised and City Council Rules of Procedure. We welcome your participation.

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Whistleblowers lack protection from US spy agencies, lawyer says

America's National Security Agency is a cryptologic intelligence agency of the United States Department of Defence responsible for the collection and analysis of foreign communications and foreign signals intelligence. The NSA is a key component of the US Intelligence community, which is headed by the Director of National Intelligence.

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World Religions Unite to Defeat Teen Mall Brand

For the infinite time in its hundred-plus-year history, Abercrombie & Fitch has managed to piss people off again. Now the U.S. Equal Employment Opportunity Commission is suing A&F for refusing to hire a Muslim woman who wore a headscarf during her interview.

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OSHA cites Edison company for alleged hazards

Bentley Laboratories LLC, in Edison, was cited for allegedly exposing workers to hazards, according to the U.S. Department of Labor's Occupational Safety and Health Administration. Edison company cited for allegedly exposing workers to hazards Bentley Laboratories LLC, in Edison, was cited for allegedly exposing workers to hazards, according to the U.S. Department of Labor's Occupational Safety and Health Administration.

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WorkWeek - February 24, 2015 at

The growing corruption crisis at Federal Osha/DOL and what it means to health and safety whistleblowers on the job and the safety of our communities. Refinery explosions and derailments are part of this systemic crisis.

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InHerSight Allows Women To Anonymously Rate Past And Present Employers

That's the idea behind InHerSight, a platform where women can evaluate their employers and rate how female-friendly workplace environments are. The idea is that providing women a space to communicate with other women about workplace issues they care about most could have an effect on this issues themselves.

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Clinton, Dems embrace Arquette's equal pay pitch

Democrats eager to discuss equal pay for women have created a new opportunity to do it: The Patricia Arquette boomlet. The movie star created a stir during her Best Supporting Actress Academy Award acceptance speech at Sunday night's Oscars, when she said: "To every woman who gave birth to every taxpayer and citizen of this nation, we have fought for everybody else's equal rights.

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Supreme Court to hear religious freedom case

Samantha Elauf was apprehensive to interview for a sales job at retailer Abercrombie & Fitch in 2008 because the 17 year old wore a headscarf in accordance with her Muslim faith. But a friend of hers, who worked at the store, said he didn't think it would be a problem as long as the headscarf wasn't black because the store doesn't sell black clothes.

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Will Retirement Advisers Start Putting You First?

Next Avenue is a website from PBS stations designed to inspire America's booming 50+ generation to live the most meaningful and vibrant life possible. Join us online to discover and share reliable information on issues that matter most as we age--health, finances, caregiving, work and leisure.

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Workforce board discusses audit questioning spending

The solicitor for the board of county commissioners that oversees the Southwest Corner Workforce Investment Board said Tuesday that the current regime change in Harrisburg is slowing down the process of resolving questions in a state review of a nonprofit job training agency's allocation of salaries.

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Studies Debunk Patricia Arquette's Gender Wage Gap Argument

While accepting her Oscar for best supporting actress in the drama "Boyhood," Patricia Arquette used the spotlight to talk about the issues of wage equality and equal rights. In her acceptance speech , Arquette said, "To every woman who gave birth, to every taxpayer and citizen of this nation, we have fought for everybody else's right.

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NACHA Celebrates America Saves Week on February 23-28 and Encourages...

Splitting their Direct Deposit offers employees an effective way to regularly put aside a fixed amount or percentage of their pay automatically and directly into savings and investment accounts for emergencies, planned expenses or retirement." In support of America Saves Week on February 23-28, NACHA - The Electronic Payments Association encourages employees to enroll in Direct Deposit via ACH and authorize a split deposit of their pay- helpful tools to automatically grow savings.

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New York to raise minimum wage for tipped workers to $7.50 an hour

With more than 220,000 tipped workers in New York, the state Labor Department gave a thumbs up to Gov. Andrew M. Cuomo's plan to raise minimum wage for these workers. "New York has become a state of opportunity in the past four years, but we must do more to ensure that opportunity is available to all workers, and the state Department of Labor's decision to raise the minimum wage for tipped workers is an important step toward making that happen," said Cuomo.

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Supreme Court to hear case of woman who wasna t hired because of head scarf

The Supreme Court on Wednesday will hear the case of whether retailer Abercrombie & Fitch violated anti-discrimination laws when it denied a job to a Muslim applicant because her head scarf conflicted with the company's dress code. The Equal Employment Opportunity Commission took up the case of Samantha Elauf, who was denied a job at one of the chain's stores in Tulsa.

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Shareholder Alert: Brower Piven Encourages Investors Who Have Losses...

The securities litigation law firm of Brower Piven, A Professional Corporation, announces that a class action lawsuit has been commenced in the United States District Court for the Southern District of New York on behalf of purchasers of Home Loan Servicing Solutions, Ltd. common stock during the period between February 7, 2013 and January 23, 2015, inclusive . Investors who wish to become proactively involved in the litigation have until March 30, 2015 to seek appointment as lead plaintiff.

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RiversideRIVERSIDE: Seminar to help business owners with ADA law

With increased lawsuits or notices of violations for Americans with Disabilities Act violations throughout Riverside, a March 6 seminar has been scheduled to address compliance issues. Co-sponsored by the Greater Riverside Chambers of Commerce and State Sen. Richard Roth, the seminar will review the top 10 ADA compliance violations, and how businesses can bring their facilities into compliance.

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Reform Online Lending Praises Action by FTC to Uncover Telemarketing Abuses

"The Federal Trade Commission should be commended for actively enforcing the Telemarketing Sales Rule and identifying debt relief companies who mislead consumers with advertisements that break the law and telemarketing that deceives the public," Curry said. "Removing these bad actors from the online lending marketplace will help provide a safer borrowing experience to the millions of Americans who rely on the Internet for financial services."

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GAO: Union Pension Insurance Fund - Likely To Be Insolvent' Within DecadeCNS

Despite recent congressional action, the Pension Benefit Guaranty Corporation's multi-employer pension insurance program is "likely to be insolvent by the year 2024," according to the Government Accountability Office's latest list of 30 " High Risk " government programs. PBGC collects premiums set by Congress from employers to insure the pension benefits of more than 44 million American workers and retirees currently covered under defined benefit plans.

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Fruitland Park police chief resigns following complaint

The Fruitland Park police chief has resigned following a complaint filed with the Equal Employment Opportunity Commission, Channel 9 learned. Chief Terry Isaacs was brought in four years ago after former chief Mark Isom was fired for buying fake college degrees.

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5 Tips For Whistleblowers from whistleblower lawyer Kate Scanlan

In a new Google Hangout , veteran whistleblower lawyer Kate Scanlan offers five key tips for those who believe they have evidence of fraud against the government. Whistleblowers have been a critical -- and overwhelmingly successful -- weapon in the war on fraud, particularly the scams and schemes that defraud the government.

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Unions Throw Millions at Firm Accused of Breaking Election Law

Labor unions have paid Catalist, a consulting firm accused of illegal coordination with hundreds of Democratic campaigns, more than $10 million since 2007. Conservative nonprofit Foundation for Accountability and Civic Trust filed a Federal Election Commission complaint against the company last week.

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Top 10 Fastest Growing Industries in the United States

New home construction in the United States is on the upswing. Six of the top 10 fastest-growing industries in the country are related to home construction.

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Why Obama is 'proud' of this adviser

President Barack Obama singled out Sheryl Garrett as an adviser who puts clients' interests first in his speech Monday that backed tougher investment-advice standards for brokers who handle retirement plans. "I want to emphasize once again, there are a whole lot of financial advisers out there who do put their clients' interests first.

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Spiritual Director Doesn't Have a Prayer When it Comes to Her...

Religious employers can rejoice once again, as yet another court upholds the ministerial exception and dismisses an employee's discrimination and termination claims. For those who are not familiar with this defense, the ministerial exception basically says that the government cannot step in and second-guess a religious entity's decision to hire and fire its ministerial employees.

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Federal FMLA Regulations Recognize Same-Sex Marriages

The U.S. Department of Labor today announced changes to the regulations that define a "spouse" for purposes of the federal Family and Medical Leave Act. The changes fully implement the U.S. Supreme Court's decision in United States v.

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RallyPoint, A Military Social Site, Adds LinkedIn Pioneer To Board

I write about innovation, careers,and unforgettable personalities. My Forbes magazine cover stories have analyzed Sequoia Capital, LinkedIn, Amazon and Hewlett-Packard.

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Samantha Elauf: Muslima Behind Hamas Cair Lawsuit Against Abercrombie ...

Does a not-so-modest Muslim girl get to pretend she's modest in order to score a payday and more dhimmi-deference from a major clothing retail chain? What if a job applicant comes to your business in a keffiyeh or a hat with a HAMAS emblem? A Hezbollah emblem? An ISIS emblem? Are you required to hire them-you know, to avoid a costly "religious discrimination" lawsuit filed against you by unindicted HAMAS co-conspirator CAIR with the full cooperation and support of the Obama EEOC? You might be. And, sadly, the Christian Becket Fund and seven Orthodox Jewish groups have filed briefs with the courts in support of Samantha Elauf, a Muslim chick who isn't really as concerned with the modesty she claims she must have in observance of Islam.

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Supervisor Not 'Qualified Individual' Under ADA after Failing DOT Medical Certification

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered job qualifications in the context of essential functions, and ultimately found that the employee failed to demonstrate that he was qualified or could perform the essential functions of his position after failing a required DOT medical certification.

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Cracker Barrel Old Country Store (CBRL) Sandra B. Cochran on Q2 2015...

Good day, everyone, and welcome to today's program. At this time, all participants are in a listen-only mode.

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Security guards file grievance against East Haven schools

A union representing public service workers has filed a grievance against the East Haven Board of Education claiming it used a private security company to fill a vacant position. According to a report in the New Haven Register, the United Public Service Employees Union claims the board dealt with a staffing issue, by hiring someone who was not a member of the United Public Service Employees Union.

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COLUMN-Fiduciary standard for advice is long overdue in U.S.

When you are planning for retirement and ask for advice, whose interest should come first - yours or the financial expert you ask for help? That is the question at the heart of a Washington debate over the unsexy-sounding term "fiduciary standard." Simply put, it is a legal responsibility requiring an adviser to put the best interest of a client ahead of all else.

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Job Fair

Thursday, March 5, 1-4 pm. Dress for success! Bring your resumA , meet job recruiters and receive employment information.

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Notice of Change of Date

NOTICE IS HEREBY GIVEN THAT THE BOARD OF COMMISSIONERS OF THE LEHIGH ACRES FIRE CONTROL AND RESCUE DISTRICT , AN INDEPENDENT SPECIAL DISTRICT, HAS CHANGED THE DATE OF THE NEXT REGULAR MONTHLY BOARD MEETING SCHEDULED FOR TUESDAY, MARCH 31, 2015. THE REGULAR MONTHLY BOARD MEETING REFERENCED ABOVE SHALL BE HELD TUESDAY, MARCH 24, 2015, AT 5:00 P.M., AND SHALL BE HELD AT THE STATION #104 CONFERENCE ROOM LOCATED AT 3102 16TH STREET SW, LEHIGH ACRES, FLORIDA 33976.

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David Carr Discusses Whistleblowers

David Carr was a brilliant journalist and commentator. Gone to soon. Journalists and "talking heads" would be wise to follow his advice and direction.

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VIDEO: Department of Labor to Raise Minimum Wage for Tipped Workers

Governor Andrew M. Cuomo today applauded the State Department of Labor for its action to raise the minimum wage for tipped workers to be among the highest in the nation. The Department convened a Wage Board at the Governor's direction in 2014 to review and recommend changes to regulations for food service workers and service employees, and today, Acting Labor Commissioner Mario J. Musolino announced the acceptance of a number of those recommendations, including the highest ever wage for tipped workers in New York.

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Justices signal support for investors in 401(k) lawsuits

The Supreme Court appeared likely Tuesday to make it easier for participants in employee retirement plans to challenge companies' investment decisions that eat into retirement savings. The justices heard arguments in an appeal filed by current and former employees of energy company Edison International.

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Cash-Balance Plans Surge

A 'New Breed' of Advisor Kevin Reed, head of wealth management for Janney Montgomery Scott, explains how the firm is shifting its focus to meet the needs of a "new breed of FA." Billion-Dollar Club: Biggest Advisor Moves of 2014 This year saw a number of mega teams with outsized AUMs switching firms.

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Cash-Balance Plans Surge

Do Solo Advisors Have a Future? The industry has largely moved to a team model, but some advisors may finish out their careers as 'bachelors,' says John Taft, CEO of RBC's U.S. wealth management division. RIA Leaders: Top 20 Firms for 2015 Over the years, Financial Planning has been striving to make the annual RIA Leaders list ever more rigorous, weeding out advisory firms that take commission, have registered reps, are owned by big stakeholders.

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Governor Cuomo, Labor Leaders Applaud Department of Labor Action to...

February 24th, 2015 - Governor Andrew M. Cuomo today applauded the State Department of Labor for its action to raise the minimum wage for tipped workers to be among the highest in the nation. The Department convened a Wage Board at the Governor's direction in 2014 to review and recommend changes to regulations for food service workers and service employees, and today, Acting Labor Commissioner Mario J. Musolino announced the acceptance of a number of those recommendations, including the highest ever wage for tipped workers in New York.

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IRS Clarifies Prior Guidance on Premium Reimbursement Arrangements; Provides Limited Relief

Continuing its focus on so-called "premium reimbursement" or "employer payment plans", the Internal Revenue Service released IRS Notice 2015-17 on February 18, 2015. In this Notice, which was previewed and approved by both the Department of Labor and Department of Health and Human Services clarifies the Agencies' perspective on the limits of certain employer payment plans and offers some limited relief for small employers.

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With Obama's push, is fiduciary a done deal? Not so fast

President Barack Obama has elevated to the bully pulpit a proposal that would raise investment advice standards for brokers working with retirement accounts, but presidential attention may not get a final rule over the finish line by the end of his administration. On Monday in a speech at AARP , Mr. Obama directed the Department of Labor to move ahead with a rule that would extend the definition of "fiduciary" to more advisers of 401 and individual retirement accounts, requiring them to give advice that is in the client's best interest.

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Monday, February 23, 2015

Obama to Middle Class Retirees: If You Like Your Retirement, You Can Keep It

Government's involvement in healthcare has been such a rousing success, Obama is now thinking about getting more involved in regulating the retirement of Middle Class America. Hooray Proposing new executive regulatory rules , the President has claimed that he is riding to the rescue of average American investors with the heavy hand of government oversight.

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Obama calls for higher standards on brokers giving retirement advice

President Barack Obama on Monday proposed tougher regulations on investment brokers who handle retirement funds, saying new rules would limit hidden fees, "back-door payments" and conflicts of interest that eat into middle-class Americans' savings. Warning against advisers who are "bilking" clients and selling "snake-oil," Obama billed the move - a revival of a effort quashed by industry opposition four years ago - as part of his renewed focus on a populist economic message.

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NAAAOM and Entertainment Studios File Historic Lawsuit Against...

The lawsuit states that Comcast and its proposed merger partner, Time Warner Cable, have engaged in long-term racial discrimination in contracting with 100% African American-owned media companies. Comcast, in particular, conspired with governmental regulators, including Baker, and non-media civil rights groups and so-called leaders, including Sharpton and the NAACP, to continue such discrimination in connection with its 2010, and the media starts with ownership.

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Obama proposes rules to protect IRA investors

President Barack Obama on Monday proposed tougher regulations on investment brokers who handle retirement funds, saying new rules would limit hidden fees, "back-door payments" and conflicts of interest that eat into middle-class Americans' savings. Warning against advisers who are "bilking" clients and selling "snake oil," Obama billed the move - a revival of an effort quashed by industry opposition four years ago - as part of his renewed focus on a populist economic message.

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$1 minimum wage increase to $8.75 takes effect Tuesday in Alaska

Alaska's minimum wage will rise Tuesday to $8.75, a $1-per-hour increase that will affect thousands of workers' paychecks, according to the state's Department of Labor and Workforce Development. Fewer than 1 percent of Alaska's jobs, roughly 3,000, paid the $7.75-per-hour minimum wage, according to Dan Robinson, chief of research and analysis at the state's Department of Labor.

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Obama proposes tougher rules for retirement fund advice

Labor Secretary Thomas Perez, left, and Sen. Elizabeth Warren listen as President Obama speaks at AARP in Washington. Labor Secretary Thomas Perez, left, and Sen. Elizabeth Warren listen as President Obama speaks at AARP in Washington.

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Maumelle Treasurer, Clerk Facing Claims of Sexual Assault

Claims of sexual harassment by an elected official in Maumelle have sparked the mayor to call for his resignation, and a federal investigation has been launched. LITTLE ROCK, AR -- Claims of sexual harassment by an elected official in Maumelle have sparked the mayor to call for his resignation, and a federal investigation has been launched.

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Middle Class Economics: Strengthening Retirement Security by Cracking ...

Middle class economics means that Americans should be able to retire with dignity after a lifetime of hard work. But today, the rules of the road do not ensure that financial advisers act in the best interest of their clients when they give retirement investment advice, and it's hurting millions of working and middle class families.

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Portland judge signs final order directing Oregon businessman to pay $512K in back wages, damages

A federal judge in Portland has signed a final order directing Oregon businessman David A. Emami to pay 33 former employees back wages and damages totaling $512,290. The judge also ordered Emami to foot the cost of hiring a third-party monitor to audit his companies' records and assure he complies with federal labor regulations for the next three years.

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Marsha Mozammel and Steven Fingerhut win U.S. Department of Labor hearing

Attorneys Marsha Mozammel and Steven Fingerhut successfully represented a federal government employee at a U.S. Department of Labor hearing. See HR14-D-H #022694522 PRLog - Feb. 23, 2015 - NEW YORK -- Imbesi Law P.C. attorneys successfully represented a former employee of the Depertment of Commerce at an in-person hearing on November 24, 2014.

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Wal-Mart settles age bias, disability discrimination suit

A Wal-Mart Stores Inc. unit has agreed to pay $150,000 to settle an Equal Employment Opportunity Commission lawsuit in which it was charged with harassing, then firing, a Texas store manager because of his age. The agency said last week that the supervisor of Keller, Texas store manager David Moorman frequently ridiculed him with taunts including "old man" and "old food guy."

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Bottom Line

Minor League Baseball added a second lobbying firm, Brand Law Group, to its roster recently to handle labor issues. Although disclosure forms are not specific about issues the firm will handle, the league faces a class-action lawsuit filed by former players last year.

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The wage equity issue is overblown

Jared Leto, right, presents Patricia Arquette with the award for best actress in a supporting role for Boyhood at the Oscars on Sunda. The issue was again brought into the national spotlight when actress Patricia Arquette used the Oscar stage on Sunday to appeal for wage equality.

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Will Obama's New Regulations Wreak Havoc Upon The Elderly? Financial Advisers Say Yes.

If you're over 65 and you like your financial adviser, there's a good chance you won't be able to keep your adviser. President Obama is set to speak at AARP headquarters in Washington, D.C. Monday afternoon alongside Sen. Elizabeth Warren and consumer protection chief Richard Cordray.

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Read Full Article

Paramus man faces seven years in prison for jobless-benefits fraud

A Paramus man pleaded guilty Monday to conspiracy and theft charges for leading a criminal scheme in which he and three other men stole more than $180,000 from the state by filing false claims for unemployment benefits, Acting Attorney General John J. Hoffman said. The three co-defendants pleaded guilty in December to charges stemming from a plot to file seven fraudulent unemployment insurance claims, including two that used false identities, Hoffman said.

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