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US Department of Labor Issues Additional Informal Guidance on Families First Coronavirus Response Act (US)

The Families First Coronavirus Response Act (FFCRA) has been in effect for nearly six weeks and, as practical challenges with interpreting and implementing the Act surface, the Department of Labor (DOL) continues to update its informal guidance in piecemeal fashion. On May 12, 2020, the DOL added five additional questions and answers to its FFCRA … Continue Reading

EEOC Pushes Deadline for 2019 Form EEO-1 Filing to 2021 (US)         

Employers with 100 or more employees and employers that are federal contractors with 50 or more employees and federal contracts valued at $50,000 or greater are familiar with the annual requirement that by each May 31st, they file a Form EEO-1 with the U.S. Equal Employment Opportunity Commission (EEOC). This form reports what is referred … Continue Reading

EEOC Provides Updated Guidance on Return-to-Work Issues Addressing Accommodations For Employees With COVID-19 Vulnerabilities (US)

Update (5/7/20):  On May 7, 2020, the EEOC re-issued guidance concerning what actions an employer may take if it knows that an employee has a medical condition placing him/her at a higher risk for severe illness if he/she gets COVID-19, and thus is concerned about the employee’s return to the workplace, but the employee has not … Continue Reading

US DOL Provides More Guidance On Pandemic Unemployment Assistance: Restrictions on Eligibility, Summer Break Limitations, Gig Worker Benefits, and More (US)

As most everyone now knows, among other things, the massive $2 trillion-plus CARES Act created multiple federal unemployment compensation programs for individuals impacted by the novel coronavirus disease (COVID-19). These programs provide federal funding to the states to administer and provide unemployment compensation assistance to a broad range of COVID-19-impacted employees including, notably, those who … Continue Reading

OSHA State Plan Agencies Issue COVID-19 Guidance (US)

Over the past several months, the federal Occupational Safety and Health Administration (OSHA) has steadily issued guidance to both employers and agency officials on strategies to navigate regulatory matters related to the COVID-19 pandemic, as we have discussed here, here, here, here, and here. However, federal OSHA is not the only government agency addressing the crisis at hand. Below is an … Continue Reading

A Reminder to Cover Up: When Face Mask Use May Be Required in the Workplace (US)

As employers begin to plan for reopening their businesses after government-imposed shutdown orders, or plan for the return of more workers to their essential businesses who previously had been working from home, they must also ensure that the workplace is safe and free from hazards that cause or are likely to cause death or serious … Continue Reading

EEOC Offers Employers Post-COVID-19 Return-to-Work Pointers (US)

Since early in the pandemic, the EEOC has been maintaining a Technical Assistance Questions and Answers page, which it updates from time to time. As employers’ attention turns to life after COVID-19 and planning for our return to the workplace, on April 17, the EEOC updated its COVID-19 pandemic informal guidance to address the challenges … Continue Reading

OSHA Interim Response Plan for COVID-19 Issued to Guide Agency Action, But Just as Useful for Employers (US)

From our colleagues at the FrESH Law Blog comes a post analyzing the US Occupational Safety and Health Administration’s (OSHA) recent Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19). Since the COVID-19 pandemic first hit the United States in early 2020, OSHA has been issuing COVID-19 guidance to employers on appropriate ways to address … Continue Reading

Update on Federal Agency Activity – EEOC, NLRB, OSHA, and DOL – Amidst the COVID-19 Crisis (US)

The COVID-19 pandemic has had a major impact on all aspects of life for all Americans and we are all still adjusting to this new “normal,” which is anything but normal.  Federal administrative agencies and their employees of course have not been immune to the effects of the current crisis and they, like private sector … Continue Reading

IRS Guidance Enables Employers to Immediately Access Tax Credits Under Coronavirus Relief Legislation (US)

Tax credits may be available to employers who are required to pay additional wages to employees under the Families First Coronavirus Response Act (the “FFCRA”).  Specifically, tax credits may be available to employers who are required to pay employees under the Emergency Sick Pay Leave and the Emergency Family and Medical Leave portions of the … Continue Reading

NLRB Issues Final Joint Employer Rule (US)

Return to Prior “Substantial Direct and Immediate Control” Test Goes Into Effect April 2020 Back in September 2018, the National Labor Relations Board (NLRB or Board) published a Notice of Proposed Rulemaking that would define, by administrative rule, the standard for determining when two unrelated employers are deemed “joint employers” of a group of employees … Continue Reading

US Department Of Labor Issues Final Rule On Joint Employer Status Under The FLSA (US)

Rule establishes standard under which two employers will be deemed jointly and severally liable under the Fair Labor Standards Act as of March 16, 2020 In January 2016, we posted about an Administrator’s Interpretation issued by the US Department of Labor’s (DOL) then-Wage and Hour Division Administrator that provided guidance for when two or more … Continue Reading

EEOC Must Continue Collecting Pay Data Until January 31, 2020 (US)

On October 29, 2019, the U.S. District Court for the District of Columbia ordered that the EEOC must continue to take all steps necessary to complete EEO-1 Component 2 data collection for calendar years 2017 and 2018.  As we recently discussed here, the EEOC filed a motion on October 8, 2019 asking the court to … Continue Reading

Update on EEOC Pay Data Reporting:  EEOC Asks Court to End EEO-1 Component 2 Data Collection (US)

As we most recently reported here and here, as of September 30, 2019, employers with 100 or more employees  (and federal contractors with 50 or more employees) were required to report to the federal government pay data for 2017 and 2018 for their workforce (known as “Component 2” data), broken down by race/ethnicity, sex, and job … Continue Reading

US District Courts Start Applying Kisor v. Wilkie; Is Auer Deference Now a “Paper Tiger”?

Our colleague Brent Owen at the FrESH Law Blog (which covers perspectives on Environmental, Safety, and Health law) recently provided an update to his prior post addressing the US Supreme Court’s then-pending decision in Kisor v. Wilkie.  In that case, decided in late June 2019, the Court addressed the Auer standard of deference that is applied by courts to administrative agencies’ interpretations … Continue Reading

NLRB Announces New Rulemaking Priorities (US)

As a part of the Unified Agenda of Regulatory and Deregulatory Actions (“Unified Agenda”) issued Wednesday, May 22, 2019, the National Labor Relations Board (“NLRB”) announced its regulatory road map, indicating three areas of the National Labor Relations Act (“NLRA”) under which the agency intends to develop new or modified rules: access to an employer’s … Continue Reading

NLRB General Counsel Advice Memorandum Is “Uber” Favorable For Gig Economy Companies Utilizing Independent Contractors (US)

In a recently-released Advice Memorandum dated April 16, 2019, the National Labor Relations Board’s (“NLRB”) Office of the General Counsel (“GC”) determined that drivers utilizing Uber Technologies’ smartphone application-based rideshare platform are independent contractors, not employees, under the National Labor Relations Act (“NLRA”).  In arriving at this conclusion, the GC utilized the independent contractor test … Continue Reading

Title VII And LGBT Discrimination: The Path To The High Court (US)

Expanding on her previous post on the subject, on May 1, 2019, Law360 published the following expert analysis authored by Squire Patton Boggs labor and employment attorney Melissa Legault. After 11 private conferences during which the U.S. Supreme Court justices debated whether to hear the cases, the Supreme Court granted certiorari[1] in three cases involving the extent of protection — if … Continue Reading

Federal Court Confirms September 30, 2019 Deadline for Employers to Submit EEO-1 Pay Data (US)

As we previously reported here, on April 3, 2019, the White House Office of Management and Budget (“OMB”) filed a brief with the U.S. District Court for the District of Columbia proposing a September 30, 2019 deadline for the EEOC to complete collection of the required 2018 EEO-1 pay data forms. The brief was filed … Continue Reading

EEOC Proposes September 30, 2019 Deadline for EEO-1 Pay Data Collection (US)

As we previously reported here, on March 4, 2019, a federal court issued an order lifting the stay implemented by the White House Office of Management and Budget (“OMB”) regarding the pay data collection component of the EEO-1 report, finding that the OMB failed to demonstrate good cause for the stay.  The order left many … Continue Reading

Department of Labor Proposes Update To Rules Governing Calculation Of Overtime Pay (US)

On March 28, 2019, the United States Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking announcing proposed updates to the rules that govern how employers calculate overtime payments under the Fair Labor Standards Act (“FLSA”).  As a reminder, the FLSA requires employers to pay additional compensation to non-exempt employees for work that exceeds … Continue Reading

Can An Employer’s Disclosure Of An Employee’s Lawsuit In A Required SEC Disclosure Constitute Prohibited Retaliation? (US)

If you’re a fan of unusual employment law cases, the saga between SigmaTron International, Inc. and its former employee, Maria Gracia, has been the gift that keeps on giving for the past eight years.  Four years after filing her first lawsuit against SigmaTron (in which she eventually won over $300,000), Ms. Gracia sued her former … Continue Reading

Déjà Vu All Over Again: U.S. Department of Labor Previews New(-ish) FLSA Overtime Exemption Requirements (Again)

For years – spanning two Presidential administrations – employers have been awaiting long-anticipated updates to the overtime exemption regulations to the Fair Labor Standards Act (FLSA).  Since 2004, to be exempt from the FLSA’s overtime compensation requirements under the so-called “white collar” exemptions (e.g., executive, administrative, professional employees), employees must be paid on a salary … Continue Reading

Department of Labor Says Employers Are Not Required to Pay Tipped Employees the Full Minimum Wage for Non-Tipped Activities (US)

Under the Fair Labor Standards Act (“FLSA”), employers are required to pay non-exempt employees a minimum hourly wage of $7.25.  However, employers with “tipped employees” are able to pay such employees a cash wage of $2.13 per hour and take a “tip credit” toward their minimum wage obligation to make up the difference between the … Continue Reading
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