Twelve separate lawsuits from California, Florida, Kansas, Texas, and Washington, all of which allege that Bank of America (either Bank of America, NA or Bank of America Corp.) “routinely fails to pay its employees for off-the-clock overtime work in violation of the Fair Labor Standards Act [FLSA] and/or state law”, have been moved to the District of Kansas for coordinated or consolidated pretrial proceedings by the United States Judicial Panel on Multidistrict Litigation (the Panel). One of the cases “seeks to certify a class of all Bank of America non-exempt employees in the United States” for a class action suit against Bank of America.
The Panel considered not moving some of the cases. Some cases were moved even though the allegations were related to specific jobs, because the allegations were similar to those in other cases, “including allegations that Bank of America systematically prohibits overtime eligible employees from accurately recording their time and, as a result, does not pay its employees for all hours worked, including overtime pay.” Others considered similar “allege that that the timekeeping system used by Bank of America allows managers to modify or decrease the time recorded, and time worked is regularly deleted to avoid paying overtime.” Some cases moved included unrelated allegations, “such as discrimination (the Zhou action), retaliation, defamation and violation of the Family and Medical Leave Act (the Carrero action).” The Panel felt that any differences were not significant enough to outweigh the benefits of moving the cases for coordinated or consolidated pretrial proceedings.
The Panel recommended that, with the consent of the District of Kansas, the coordinated or consolidated pretrial proceedings be assigned to the Honorable John W. Lungstrum, who “has the experience, energy and time to handle this litigation efficiently.”
Do you need to know the most important employment legislation, HR case laws, workplace trends, and major employee issues anticipated for 2010 and how they affect employers? In this month’s HRCast, a recording provided by our team of HR Pros and available exclusively on MyHRSupportCenter, you’ll learn more about these seven hot HR topics:
- Employment Litigation
- Social Networking
- Expanded FMLA and Military Leave
- Pandemic Illness Preparedness
- ARRA COBRA Subsidies
- Health Care Reform
- Employee Free Choice Act
Visit MyHRSupportCenter regularly not only for our HRCasts, but also to get late-breaking compliance alerts, best practices to implement, and HR tools to use every day. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.
Last December, President Barack Obama had authorized to deploy more than 30,000 troops for military service which would impact a greater number of employees and their employers. Earlier in October, President Obama had signed the National Defense Authorization Act (NDAA) which includes provisions expanding military leave entitlements of the Family and Medical Leave Act (FMLA) by broadening the “qualifying exigency” leave and military caregiver leave that became effective in January 2008.
Do you know what qualifying exigency leave is and which employees are eligible? Are you familiar with military caregiver leave and how the benefits to employees have been expanded? Have you completed the action items needed to update company policies and your employee handbook?
If your answers to these questions make you realize there’s work to be done, be sure to read this month’s featured article by the HR pros at MyHRSupportCenter, Expanded Military Leave and the FMLA. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.
This New Year’s you may have resolved to lose more weight, spend more time with family, or be nicer to your payroll service. Hopefully, you haven’t broken all those resolutions yet. It’s not too late to make some work-related resolutions you can stick to. High on that list should be getting up-to-date on the top 2009 employment law topics.
One important change is the ADA (Americans with Disabilities Act) Amendments Act of 2008 or ADAAA. Effective January 1, 2009, this law change redefines who is considered disabled.
Later this month, the new federal Family and Medical Leave Act (FMLA) regulations take effect. These regulations provide clarity on several long-standing, challenging regulations and implement new FMLA leave available to military family members.
In line with the 2009 changes, be sure you’ve implemented the changes required by the National Defense Authorization Act of 2008 or NDAA. Highlights include changes to Leave Duration, Multiple Leaves, Qualifying Exigencies, and Qualified Employees.
To learn more, sign into MyHRSupportCenter and read this month’s featured article. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.
As the January 16, 2009 deadline for implementing the new Family and Medical Leave Act (FMLA) regulations draws closer, it becomes increasingly important to ensure that your company policies are compliant. What is the FMLA? Who does the FMLA affect at the company level as well as the employee level? What should you be doing now to ensure compliance? What is the impact of the National Defense Authorization Act? How has the definition of a qualifying serious health condition changed under the new regulations? Which new standard forms has the Department of Labor issued and where can you download copies of these forms? Learn the answers to these questions and more in this month’s HRCast, a recording provided by our team of HR Pros and available exclusively on MyHRSupportCenter. Visit MyHRSupportCenter regularly not only for our HRCasts, but also to get late-breaking compliance alerts, best practices to implement, and HR tools to use every day. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.
Do you know which employers must grant leave under the federal Family and Medical Leave Act (FMLA)? Are you sure about the benefits eligible employees must receive under the FMLA? Do you even know which employees are eligible for FMLA leave? These FMLA basics and highlights of the newly revised FMLA regulations are the topics of this month’s featured article by the HR Pros at MyHRSupportCenter. Don’t delay in becoming familiar with the revised regulations which also incorporate the Military Family Leave Amendments enacted earlier this year. The deadline to incorporate changes into policies, forms, handbooks, etc. in order to be in compliance with the revised regulations is January 16, 2009. To learn more, sign into MyHRSupportCenter and read this month’s featured article. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.