Elaine Brown

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US Supreme Court Clarifies Employer’s Burden of Proof for Showing Exempt Status Under the FLSA (US)

In an increasingly-rare unanimous decision, on January 15 the United States Supreme Court held in E.M.D. Sales, Inc., et al. v. Carrera that employers must prove that an employee is exempt from the minimum wage and overtime pay provisions of the Fair Labor Standard Act by only a preponderance of the evidence, and not by … Continue Reading

Ohio Stay at Home Order as Applied to Schools and Other Public Employers (US)

All individuals in Ohio have been ordered to stay home except as necessary to engage in essential activities, and all non-essential businesses and operations have been ordered to cease, beginning at 11:59 p.m. Monday, March 23, 2020, under the Ohio Department of Health Director’s Stay at Home Order issued on March 22, 2020. The Stay at Home … Continue Reading

Employers of District of Columbia Employees Have One Month Left To Provide Wage Notices To Current Employees

The District of Columbia’s Wage Theft Prevention Amendment Act of 2014, which became effective on February 26, 2015, requires in part that employers provide written wage notices to their D.C.-based employees.  Employers have until May 27, 2015 to satisfy this requirement with respect to their employees who were employed as of the Act’s effective date … Continue Reading

EEOC Proposes Amendments to ADA Regulations Relating To Employer Wellness Programs

The EEOC has proposed amendments to its regulations under the Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs.  These proposed amendments were published on Monday, April 20, triggering a 60-day public notice and comment period.  The proposed amendments aim to define which employer wellness programs are valid under the ADA, which … Continue Reading

New Requirements for U.S. Government Contractors

Government contractors in the United States are subject to additional nondiscrimination and affirmative action requirements with respect to veterans and individuals with disabilities.  The federal regulations implementing these requirements have recently been significantly revised, with the revised regulations taking effect March 24, 2014.  The revisions increase contractor responsibilities and are intended to address current barriers … Continue Reading

Employer Wellness Programs: New Rule Increases Maximum Permissible Reward and Also Imposes Anti-discrimination Safeguards

Last Wednesday, the United States issued a final rule that will impact employer wellness programs starting January 1, 2014.  This rule issued by the U.S. Department of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”), provides additional flexibility to employers with respect to the financial rewards that can be offered for achieving health-based … Continue Reading
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