On May 29, 2024, the Internal Revenue Service (IRS) and the Department of Treasury issued proposed regulations (REG-119283-23) addressing the new technology neutral clean electricity production tax credit (PTC) in section 45Y...more
On May 16, 2024, the Internal Revenue Service (IRS) issued further guidance (Notice 2024-41, the Additional Notice) intended to provide clarity and certainty surrounding the domestic content1 bonus credit by (among other...more
The Internal Revenue Service (IRS) released its eagerly-anticipated guidance (the PWA Notice) regarding the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA). The publication of the PWA...more
Rising inflation, increased costs of capital and the anticipation of a downturn in the economy have caused companies in many industries to begin to implement workforce reorganizations and reductions. In making plans for...more
On October 5, 2022, the Department of Treasury and Internal Revenue Service (IRS) released six Notices requesting comments on anticipated regulations and other guidance under various climate and clean energy incentives...more
Key Points The EFASASHA will invalidate most contractual provisions requiring the arbitration of claims alleging sexual assault or sexual harassment. The law will also invalidate pre-dispute joint-action waivers that relate...more
Key Points -
The recent announcements around federal contractor requirements for mandatory vaccination and the upcoming OSHA Emergent Temporary Standard have created significant confusion for employers.
It’s important...more
10/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Workplace Safety
To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more
8/9/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
NLRB ,
Pregnancy Discrimination Act (PDA) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Key Points -
The DOL has withdrawn a final rule published in the waning days of the Trump administration that established a multifactor test for determining whether workers are employees or independent contractors under...more
5/11/2021
/ ABC Test ,
Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Multi-Factor Test ,
Wage and Hour
Key Points:
- Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands.
- Now is the time for employers to think through issues raised by employee vaccination...more
4/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Food and Drug Administration (FDA) ,
GINA ,
Infectious Diseases ,
NLRA ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Key Points
- In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit...more
The DOL has issued new regulations setting forth the test to determine whether an individual is an independent contractor or an employee under the FLSA.
Under the regulations, the “ultimate inquiry” is whether, as a matter...more
- On April 1, 2020, the Families First Coronavirus Response Act (FFCRA) became effective, enabling employees to take paid sick leave under The Emergency Paid Sick Leave Act (EPSLA) and expanded family and medical leave under...more
4/10/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
- The Paycheck Protection Program (PPP), contained within the stimulus package signed by President Trump on March 27, 2020, creates a $349 billion loan facility to help “small” businesses make payroll and pay certain other...more
- The President signed the FFCRA into law on March 18, 2020. The Act will go into effect “not later than 15 days after the date of enactment” (i.e., no later than April 2, 2020). Most employers with 500 or fewer employees are...more
3/25/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Labor Laws ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Sick Leave ,
State Labor Laws ,
Tax Credits ,
Wage and Hour
- On March 16, 2020, the U.S. House of Representatives passed an amended version of the FFCRA.
- The FFCRA includes two different coronavirus-related paid leave requirements for employers with fewer than 500...more
3/18/2020
/ Coronavirus/COVID-19 ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Tax Credits ,
Wage and Hour ,
Workplace Safety
Working from home may not be practical in many work environments, for example, where company tools, machinery or equipment may be required to accomplish a job. Where a company must suspend work or close a work location, the...more
3/13/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Over-Time ,
Public Health ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Remote Working ,
Rest and Meal Break ,
Sick Leave ,
Timekeeping ,
Wage and Hour ,
Workplace Safety
Employers face unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the items on their ever-expanding list is that federal and state occupational safety and health regulations require...more
Employers are facing unprecedented challenges in addressing the spread of the novel coronavirus (COVID-19). Among the ever-expanding obligations is that federal and state occupational safety and health regulations require...more
- The continued spread of COVID-19 presents employers with an array of unprecedented workforce management and public health challenges.
- Decisions that employers may be called upon to make implicate a variety of...more
3/10/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Hiring & Firing ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Reasonable Accommodation ,
Remote Working ,
Risk Management ,
Salaried Employees ,
Sick Leave ,
Traveling Employee ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
- With the WHO having declared a Public Health Emergency of International Concern, companies should take reasonable precautions to protect themselves and their personnel.
- Below are some suggested practices United...more
3/4/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Strategic Planning ,
Traveling Employee ,
Workplace Safety ,
World Health Organization
- With the World Health Organization having declared a Public Health Emergency of International Concern, firms should take reasonable precautions to protect themselves and their personnel.
- Below are some suggested...more
3/3/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
International Travel ,
Investment Firms ,
Public Health ,
Risk Management ,
Traveling Employee ,
Workplace Safety ,
World Health Organization
Key Points -
• Tight labor markets are leading courts and legislatures to closely scrutinize noncompetes and other restrictive covenants.
• If there are changes in an employee’s job and/or the company’s business, it...more
7/16/2019
/ Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Non-Compete Agreements ,
Rebuttable Presumptions ,
Restrictive Covenants ,
Trade Secrets ,
Unenforceable Contract Terms ,
Unfair Competition ,
Wage and Hour ,
White-Collar Exemptions
On June 7, 2017, the U.S. Department of Labor (DOL) announced that it was withdrawing its 2015 and 2016 Administrative Interpretations regarding independent contractors and joint employment. Both interpretations were designed...more
6/9/2017
/ Administrative Interpretation ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
Secretary of Labor ,
Staffing Agencies ,
Trump Administration
Key Points -
- A federal district court in Texas has issued a preliminary injunction barring the Department of Labor from implementing its new $47,476 minimum salary level for executive, administrative and...more