New USDOL Whistleblower Procedures

The United States Department of Labor and OSHA enforce the whistleblower provisions of the Occupational Safety and Health Act, along with some 18 other laws which protect employee who report violations in industries such as commercial motor carriers, airlines, nuclear power and health care. New procedures for handling whistleblower complaints were published for public comment and will be finalized after November 1. Among other things, the new regulations will allow filing of complaints by phone as well as in writing, and in languages other than English. You can view the new regs at http://www.osha.gov

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Attorney's Fees Awarded for Collecting FLSA Settlement

United States District Judge William P. Dimitrouleas entered an order in an overtime case under the Fair Labor Standards Act awarding an employee plaintiff additional attorney's fees incurred in collecting his back pay settlement. The order clarifies the law in the Southern District of Florida regarding whether additional post-settlement collection fees are appropriate in the situation where an employer has failed to comply in full with payment obligations under a mediated settlement . Download the Court's order here. Legal advice and assistance in recovering unpaid overtime compensation at mccoyesquire.com

The Rehabilitation Act Now Protects TSA Officers From Discrimination Based On A Disability

The Rehabilitation Act protects most federal employees from discrimination because of a disability, just as the Americans With Disabilities Act protects those who work in the private sector. The Rehabilitation Act requires federal agencies to provide reasonable accommodation to applicants and employees who have a disability but who are otherwise qualified for the position sought or held by them. As amended, the Act now expressly incorporates the standards of the Americans with Disabilities Act. For all practical purposes the essential requirements of these two statutes are identical. The U.S. Congress hastily created the Transportation Security Administration (TSA) in response to the terrorist attacks of 9/11/2001. TSA has always contended that the Rehabilitation Act does not apply to its security screeners - the officers who screen passengers and their luggage for weapons and explosives at airports throughout the U.S. The Aviation and Transportation ...

Social Security Administration Awards Disability Benefits Based On Claimant's Fibromyalgia

On January 11, 2016, Administrative Law Judge Richard J. Ortiz-Valero entered a decision awarding disability insurance benefits and finding that due to her fibromyalgia the claimant was disabled under sections 216(i) and 223(d) of the Social Security Act. The decision is significant in that fibromyalgia is not a "listed" impairment under the Social Security Administration's regulations. These regulations, 20 C.F.R. Part 404, Subpart P, Appendix 1, list many of the most readily diagnosed medical conditions and their symptoms which can reach a severity which is considered disabling. In the usual case, in order to award benefits the Social Security Administration must determine that the claimant's impairment is of a severity to meet or medically equal the criteria of a "listed" impairment. This claimant's condition had been diagnosed by several physicians as fibromyalgia ("FM"). FM affects the muscles and soft tissues. Symptoms include chr...

Worker Rights and Remedies

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