As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least linger for a while longer). One widespread change is the increased use of videoconferencing. In early...more
An unpaid meal break can become a very expensive lunch for an employer, but there are ways to comply with the Fair Labor Standards Act (FLSA) to try and minimize the risk.
Identifying the Potential Problem -
The...more
Although most employers don’t want a union in their workplace, the National Labor Relations Act (NLRA) is clear: You cannot interfere with union organizing efforts. A federal district court in Kentucky recently followed this...more
With the new Biden administration now in place, the Department of Labor (DOL) has withdrawn a Trump era measure on guidance documents. Following a recent Executive Order, the DOL issued a final rule on January 27 to rescind...more
2/2/2021
/ Biden Administration ,
Code of Federal Regulations (CFR) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Final Rules ,
New Legislation ,
Revocation ,
Rulemaking Process ,
Trump Administration
As you already know, COVID-19 changed almost everything, and some of those things are likely here to stay (or at least for a while longer). One widespread change is the use of videoconferencing, including in the medical...more
1/21/2021
/ Certifications ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Employees ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
New Guidance ,
Telemedicine ,
Videoconference
Employers often ask, “Can this worker be an independent contractor?” The answer is often unclear due to the different tests for employee versus independent contractor status, which vary between federal circuit courts and from...more
2020 is in the rearview mirror. Whew! Unfortunately, COVID-19 is not gone and certainly not forgotten. The latest hot topic has been what to do with employees who think they should get paid leave for COVID-19 reasons that...more
1/5/2021
/ Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Deadlines ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
New Legislation ,
Paid Leave ,
Paid Sick Leave ,
Tax Credits
It was a mess of times. It was the masked of times. We all probably agree that 2020 presented unexpected and unwanted challenges to employers. It certainly made all of us address unprecedented issues. Let’s look back at some...more
12/30/2020
/ Business Closures ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Dress Codes ,
Employer Liability Issues ,
Employment Discrimination ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Political Speech ,
Relief Measures ,
Title IX ,
Vaccinations ,
Wage and Hour
Remember last January and the salary threshold change the Department of Labor rolled out for salaried exempt and highly compensated employees under the FLSA? As the end of the year approaches, you might need to revisit the...more
12/18/2020
/ Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour
Many of us are understandably anxious to put the year 2020 behind us and move onward and upward! But before we all sit down at the table and fill our plates and bellies to overflowing as we start the holiday season, we can...more
11/25/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Final Rules ,
Gender Identity ,
Joint Employers ,
NLRB ,
Popular ,
Screening Procedures ,
Sexual Orientation Discrimination ,
Vaccinations ,
Workplace Harassment Guidance
In true 2020 style, this year’s general election was one for the history books. While the presidential race has been called in favor of President-Elect Joe Biden, the inevitable legal challenges are looming. Meanwhile,...more
11/12/2020
/ Affordable Care Act ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Minimum Wage ,
NLRB ,
State and Local Government ,
Wage and Hour
Whether a worker is an employee covered by the Fair Labor Standards Act (FLSA) (and potentially entitled to overtime pay or benefits) or an independent contractor who is not covered has been the center of an ongoing legal...more
10/5/2020
/ Comment Period ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
Since the beginning of the COVID-19 crisis, we have been talking about things to do to keep your employees safe and what laws apply in that arena. Recently, OSHA started handing out fines to companies for employee outbreaks...more
It’s September, which for most means the beginning of fall and the start of a new school year. This school year not only looks different than those in the past, but it has also added to the stress and uncertainty facing...more
As the country moves closer to fully opening businesses, the Department of Labor wants to remind all employers that their obligations under the Americans with Disabilities Act are still in place for workers with disabilities....more
8/26/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
High Risk Covid Employees ,
Personal Protective Equipment ,
Reasonable Accommodation ,
Remote Working ,
Sick Employees ,
Social Distancing ,
Telecommuting ,
Workplace Safety
In a shocking example of good news these days, the Wage and Hour Division has revised its optional forms that employers can use on various FMLA issues. The new forms can be filled out electronically and have cut down on the...more
The U.S. Department of Labor issued a Field Assistance Bulletin on June 24, 2020, announcing that it will not routinely assess pre-litigation liquidated damages as part of the settlement process for claims under the Fair...more
For those of you craving a non-COVID-19 issue to chew upon, the Department of Labor opened the floodgates of debate by withdrawing the partial lists of establishments that could either be “recognized as retail” or “having no...more
In Part I of this post we covered some of the logistics you need to get started with the FFCRA paid leave provisions. Today we will continue our review of the Department of Labor’s FFCRA temporary regulations and discuss the...more
At the end of last week, the Department of Labor issued 125 pages of FFCRA guidance, including actual temporary regulations and 20 new Q&As (so we are now up to 79 — but who’s counting?). While a full summary of these...more
The DOL is clearly plugged in to the issues and questions employers are running into as everyone plans to give notice of and grant paid leave under the Families First Coronavirus Response Act (FFCRA). The DOL’s first round of...more
The Department of Labor now has issued guidance, questions and answers, and a poster for those employers covered by the recently enacted Families First Coronavirus Response Act (FFCRA)...more
As more municipalities and states that are dealing with COVID-19 issue orders mandating the closing of non-essential businesses such as bars, restaurants and gyms, many hourly employees are looking at a long period of...more
A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more
2/27/2020
/ Compensatory Damages ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Internships ,
Jury Verdicts ,
Motion for Summary Judgment ,
Multi-Factor Test ,
Primary Beneficiary Test ,
Retaliation ,
Unpaid Interns ,
Wage and Hour ,
Whistleblowers
When the Department of Labor (DOL) withdraws one of its previous opinion letters and issues a new interpretation, should a court to change its ruling? No — not according to a federal judge in Arkansas....more