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Warehousing and Logistics News – Employer Joint Liability Creates Turmoil

Employer Joint Liability Creates Turmoil

The National Labor Relations Board decided an employee leasing company and its customer share joint liability for labor law violations, because at some point in the future, the customer could possibly exercise direct control over the staffing firm’s employees.2015-09-16_9-34-47

In this case, the 3-2 board majority declared joint liability exists even though the staffing firm customer was careful to adopt policies and practices that avoided direct control.

Labor law experts say the NLRB decision will have profound implications for OSHA and other regulatory agencies targeting the nation’s over three million leased employees.

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Bi-Partisan Coalition Calls for Roads Bill

A bipartisan coalition has called on Congress to pass a comprehensive, multi-year infrastructure program to support America’s supply chain competitive edge.

2015-09-16_9-49-19Called “Let’s Get America Working,” the effort was unveiled Sept. 9 at the National Press Club in Washington, DC, by Teamsters chief James B. Hoffa and the former governor of Mississippi, Republican Haley Barbour.

They were joined by Transportation Secretary Anthony Foxx, who promoted the Obama Administration’s desired plan, which calls for funding the program through tax code changes.

Congress has until Oct. 31 to come up with a multi-year program congressional leaders promised when they passed the most recent of 34 short-term extensions at the end of July (AA, 8-15-15, P. 5).

So far the insurmountable barrier to enacting a new program remains: No one can agree on how to fund the thing.

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Feds Issue Employee Wellness Plan Rules

Final regulations for employer wellness plans under the Affordable Care Act have been issued by the U.S. Departments of Labor, Health and Human Services, and the Treasury

The new final regulations were effective Sept. 14 and are applicable starting with the first plan year beginning on or after Sept. 14. For calendar year plans, the final regulations will not apply until Jan. 1, 2016.

The new rules formally adopt the “Frequently Asked Questions” directive issued last May by the departments to reduce employers’ confusion. The FAQ interpretations will be enforced for the first plan year beginning 60 days after May 11, which means that for calendar year plans, it will not apply until Jan. 1, 2016.

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