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FLSA Compliance Update: Employers Must Exercise Reasonable Diligence In Tracking Hours Worked By Remote Workers (US)  

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

DHS Extends Flexibility Relating to I-9 Execution for Remote Workers While Increasing Civil Penalties for Violations (US)

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) recently announced another extension, through July 19, 2020, of its COVID-19 temporary policy of deferring the physical presence requirements associated with Form I-9 compliance in relation to hiring and re-verifying certain remote employees.  However, within days of announcing this reprieve for employers, DHS … Continue Reading

Updated OSHA Guidance Demonstrates Employers’ Need for Further Pandemic Planning (US)

On May 19, 2020, OSHA issued two updated memorandums to regional administrators and state plan designees. The first updated the agency’s enforcement guidance for recording COVID-19 cases in the workplace. As we discussed here, OSHA originally indicated on April 10, 2020 that it would be exercising “enforcement discretion” and focusing COVID-19 recordkeeping requirements in the … Continue Reading

Navigating Employee Return-to-Work Issues (US)

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

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

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

US Department of Labor Publishes Regulations Clarifying Various Aspects of the Families First Coronavirus Response Act (US)

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

DOL Offers New Wage and Hour Compliance Advice (US)

On July 1, 2019, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a trio of fact-specific opinion letters offering employers guidance on various pay practices, specifically relating to calculating overtime pay as part of nondiscretionary bonuses, exemptions for paralegals, and rounding practices for calculating hours worked.… Continue Reading

M&A News: Recent Case Provides Important Lessons For Buyers Acquiring Unionized Businesses (US)

When organizations are seeking to expand their operations, they often will find interesting targets who have union-represented employees. A union’s presence will create additional compliance obligations but contrary to common misconceptions, union-related obligations are not necessarily unmanageable.… Continue Reading

Compliance Now Required: New FCRA Summary of Rights Released (US)

The Consumer Financial Protection Bureau issued a new FCRA “Summary of Rights” form, effective September 21, 2018. Employers that use consumer reporting agencies to conduct credit or background checks must let both job applicants and employees know their rights under the FCRA by providing this form along with the FCRA disclosure and authorization. Failure to … Continue Reading
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