News & Analysis as of

Employees Department of Labor (DOL) New Guidance

Steptoe & Johnson PLLC

The Intersection of FMLA and State Leave Policies: What Employers Need to Know to Ensure Compliance

Steptoe & Johnson PLLC on

Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid leave and its application to state...more

Bass, Berry & Sims PLC

DOL Announces Enforcement Position on Independent Contractor Rule

Bass, Berry & Sims PLC on

On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the...more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Seyfarth Shaw LLP

Wage and Hour Around the Corner: DOL Issues Guidance on Wage-Hour Risk Posed by Artificial Intelligence

Seyfarth Shaw LLP on

The rules governing the employment relationship are always changing. Laws creating new employer obligations, technology solutions making work more efficient and more complicated, and rules governing the resolution of disputes...more

Pullman & Comley - Labor, Employment and...

More Than a Remote Possibility: Why Your Remote Out of State Employees May Be Entitled to Federal FMLA Leave

In our post-COVID world, it is common for employers to hire fully remote employees who work out of state. One of the challenges many employers face in this remote-work world is how to address complicated HR issues such as...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

Perkins Coie

DOL Issues Guidance on PUMP Act for Nursing Workers

Perkins Coie on

The U.S. Department of Labor (DOL) issued Field Assistance Bulletin No. 2023-2 on May 17, 2023, to provide guidance to its field staff regarding enforcement of the Providing Urgent Maternal Protections for Nursing Mothers Act...more

Bradley Arant Boult Cummings LLP

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor Violations

If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re...more

Nelson Mullins Riley & Scarborough LLP

U.S. Department of Labor Issues Guidance on FMLA Use for Mental Health Conditions

The U.S. Department of Labor published “Fact Sheet #280: Mental Health Conditions and the FMLA” in May 2022, to explain leave eligibility under the Family and Medical Leave Act (FMLA) for use related to an employee’s own...more

McDermott Will & Emery

Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives

McDermott Will & Emery on

On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services (the Tri-Agencies) issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness...more

McDermott Will & Emery

Department of Labor Exemption Impacts Investment Advice Fiduciaries

McDermott Will & Emery on

The US Department of Labor (DOL) recently issued guidance concerning a new exemption under the prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the provision...more

Foley Hoag LLP

OSHA Issues Emergency Temporary Standard Rule for Healthcare Employers

Foley Hoag LLP on

On June 10, 2021, the U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) released a nationwide emergency COVID-19 workplace safety rule, accompanied by a 916-page explanatory preamble. President...more

Bradley Arant Boult Cummings LLP

Helpful Guidance Comes to Those Who Wait: OSHA Issues Long-Awaited COVID-19 Safety Rule

After the CDC updated its mask guidance, we have all be wondering: Can we eliminate our mask and social distancing requirements for vaccinated employees? Can we ask employees if they have been vaccinated? Can we hold meetings...more

Sheppard Mullin Richter & Hampton LLP

New York Department of Labor Significantly Expands COVID-19 Quarantine Leave

On January 20, 2021 – nearly a year after the law’s effective date – the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) for employers regarding the scope of available sick leave for employees...more

Foley Hoag LLP

OSHA Releases COVID-19 Workplace Health and Safety Guidance

Foley Hoag LLP on

On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued detailed health and safety guidance to inform employers and employees of recommended strategies to mitigate the risk of exposure to...more

Bradley Arant Boult Cummings LLP

The Doctor Will See You Now via Telemedicine and It May Qualify as Treatment under the FMLA

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

Foley Hoag LLP

New York Employees May Begin Taking Paid Sick Leave January 1, 2021

Foley Hoag LLP on

On April 3, 2020, New York Governor Andrew Cuomo signed into law the New York State Paid Sick Leave Law, which provides New York-based employees with up to 56 hours of paid sick leave per year. Covered employees began...more

McDermott Will & Emery

The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

McDermott Will & Emery on

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). The EEOC is...more

Sheppard Mullin Richter & Hampton LLP

New York State Releases First Guidance on New Paid Sick Leave Law

As we previously reported, New York State’s Paid Sick Leave law (“NYSPSL”) went into effect on September 30, 2020. While employees are not permitted to take sick leave under NYSPSL until January 1, 2021, many questions...more

McDermott Will & Emery

DOL: Path for 401(k) Plans to Offer Private Equity Investment Options

McDermott Will & Emery on

The US Department of Labor (DOL) issued an information letter in June 2020 indicating that, in limited circumstances, it will allow defined contribution retirement plans (such as 401(k) plans) to indirectly invest in private...more

Verrill

School is Back in Session, But Are Employees? Navigating the FFCRA in the Midst of Schools Reopening

Verrill on

Summer is coming to end, but not all students are heading back to the classroom. Many parents are facing the decision of whether to send their children to school in-person, enroll them in remote classes, change to a...more

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