On September 22, 2020, the US Department of Labor (DOL) issued proposed regulations aimed at codifying the classification of independent contractors under federal wage and hour law. If adopted—and the DOL has indicated it plans to fast-track the rulemaking process in order to issue final regulations by January 2021—the rule change would significantly relax the … Continue Reading
In the U.S., employees must be paid overtime compensation at a rate of one-and-one-half times their regular rate of pay for all hours worked in excess of forty (40) per workweek unless specifically exempted by law. For many employees, this means payment of a straight time hourly rate, and then payment of one-and-one-half times that … Continue Reading
We previously blogged on the myriad challenges faced by workers whose children are returning to school this fall: some online, some in-person, and some a combination of both. As we noted in our prior post, the Families First Coronavirus Response Act (FFCRA), which is effective through December 31, 2020, provides up to eighty (80) hours … Continue Reading
Due to the COVID-19 pandemic, many employers have implemented teleworking and other remote work arrangements for their employees. Because these employees are not physically present in the workplace, there has been some uncertainty surrounding what obligations employers have to under the Fair Labor Standards Act (“FLSA”) to monitor and track hours worked by non-exempt, hourly … Continue Reading
During the week of June 22, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued three Field Assistance Bulletins, each providing guidance to WHD field staff regarding three unique compliance issues related to the COVID-19 pandemic. In addition, on June 25, 2020, the DOL released five fact-specific opinion letters discussing various … Continue Reading
In what Labor Secretary Eugene Scalia called a step in the US Department of Labor’s (DOL) goal of lessening “unnecessary regulatory burdens” on businesses, on May 20, 2020 the DOL released a final rule regarding the calculation of overtime for salaried non-exempt workers with fluctuating workweeks. The rule change may encourage payment of additional incentive … Continue Reading
On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading
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
The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale. In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
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
Ordinances and Executive Orders require paid sick leave, provide additional protections for grocery, drug store, and food delivery employees, and mandatory face mask use Like many other US cities and counties, the City of Los Angeles – the second most populous city in the US and home to four million citizens – has taken decisive … Continue Reading
Throughout this past week, we have provided a comprehensive analysis of the various provisions of the federal Families First Coronavirus Response Act (FFCRA), the first ever federal law requiring the payment of paid sick leave and paid family leave for various COVID-19-related reasons. These daily updates include consideration of employer and employee coverage; qualifying reasons … Continue Reading
Previous installments of our series analyzing in detail the Families First Coronavirus Response Act (FFCRA) and the regulations interpreting that law issued by the US Department of Labor addressed the following issues: Part One – employee eligibility and employer coverage; Part Two – the coronavirus-specific circumstances why eligible employees may take paid leave; Part Three … Continue Reading
The first three installments of our five-part series analyzing the US Department of Labor regulations interpreting the Families First Coronavirus Response Act (FFCRA) examined eligibility and coverage issues. Part One looked at which employees are eligible to take, and which employers are required to provide, emergency paid sick leave and public health emergency paid family … Continue Reading
The first two installments of our five-part in-depth analysis of the emergency paid sick leave and public health emergency paid family leave provisions of the Families First Coronavirus Response Act (FFCRA) – see here and here – analyzed the statutory language and regulations governing employer coverage, employee eligibility, the circumstances under which employees can request … Continue Reading
In the first part of our in-depth analysis of the Families First Coronavirus Response Act (FFCRA) and its accompanying regulations, we addressed employer coverage and employee eligibility issues under the new law. In the second installment of this series, we turn to looking at the coronavirus-specific reasons upon which an employee can obtain FFCRA leave, … Continue Reading
During the second half of March 2020, the US Congress passed three landmark pieces of legislation addressing the COVID-19 (a/k/a novel coronavirus) pandemic. One of these was the Families First Coronavirus Response Act (FFCRA). Under this law, employers of fewer than 500 employees are required to provide eligible employees with up to 80 hours of … Continue Reading
Some questions answered, many still remain On April 1, 2020, the U.S. Department of Labor (DOL) released new regulations (29 CFR Part 826), attempting to clarify certain provisions in the Families First Coronavirus Response Act (FFCRA). As we previously reported here, under the Emergency Paid Sick Leave Act provision of the FFCRA, certain public employers and … Continue Reading
On March 25, we reported that the US Department of Labor (DOL) had begun to release informal guidance regarding its interpretation of the Families First Coronavirus Response Act (FFCRA), which requires that certain employers, including, among others, private employers with fewer than 500 employees, provide paid sick and paid family leave in certain circumstances resulting … Continue Reading
The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US. Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading
Philadelphia’s Salary History Ban Upheld On February 6, 2020, the U.S. Court of Appeals for the Third Circuit ruled in favor of the City of Philadelphia, upholding the constitutionality of the City’s Wage Equity Ordinance under the First Amendment. The City may now enforce the Ordinance and prohibit employers from asking applicants about their salary … Continue Reading
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
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
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
