News & Analysis as of

Fair Labor Standards Act (FLSA) Sick Leave

Poyner Spruill LLP

PTO Is Not Part of Salary According to Third Circuit Court of Appeals

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Paid time off (PTO) is not part of an exempt employee’s salary under the Fair Labor Standards Act (FLSA) according to the Third Circuit Court of Appeals. This means employers can deduct PTO from exempt employees for...more

Gould + Ratner LLP

New Year, New Updates to Employment Laws

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Below is a brief summary of the landscape of changes to employment law for employers in 2023. What Employers In Chicago Need to Know: Chicago Expands Required Training for Sexual Harassment Prevention- Employers have...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

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Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

Sheppard Mullin Richter & Hampton LLP

California Employers Should Be Aware of Updates to Leave Requirements

The Ninth Circuit and the California legislature recently updated employer leave requirements, impacting California employers. The Ninth Circuit recently handed down two decisions regarding leave under the Family Medical...more

Maynard Nexsen

2021: We Thought You Would Never Get Here, and Now that You Are, What Can Employers Expect

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Never before have we welcomed a year with quite the hope and exuberance as we welcome 2021. While some good things did happen in 2020, for most employers, 2020 added layers of complexity to the role of human resources that...more

DirectEmployers Association

OFCCP Week In Review: January 2021

Special Edition Week In Review: Read all about it! While many of you were at holiday over the last two weeks, your federal government was not, and a lot of news hit the wire. So, we were there and can now report what you...more

Pillsbury Winthrop Shaw Pittman LLP

Year-End Stimulus Bill Permits, but Does Not Mandate, Extension of FFCRA Leave

Late on December 27, 2020, President Trump signed into law an omnibus stimulus bill. The new legislation contained much needed extensions of unemployment benefits that have supported many Americans who have experienced...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Making Sense of Colorado’s New Wage and Hour and Paid Sick Leave Rulemaking

Back in January, management-side labor and employment lawyers in Colorado thought the biggest wage and hour compliance issue for 2020 would be limited to ensuring clients were up to date on the expanded meal and rest break...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Ballard Spahr LLP

Philadelphia Workers Now Entitled to Public Health Emergency Leave

Ballard Spahr LLP on

Philadelphia has amended its Promoting Health Families and Workplaces Ordinance, which already provides up to 40 hours of paid sick leave a year to eligible employees, to provide two weeks of paid emergency public health...more

DirectEmployers Association

OFCCP Week In Review: September 2020 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Walker

Frequently Asked Questions: Labor & Employment for Nonprofit Organizations

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The questions and answers below highlight labor and employment topics as they relate to nonprofit organizations. Classifying Your Staff - What is the difference between a paid employee and an unpaid volunteer? Under...more

Akerman LLP - HR Defense

DOL Guidance on COVID-19 Leave Evolving

With employers and employees still working under the shadow of COVID-19, the Department of Labor (DOL) is keeping watch on new issues arising from the changing circumstances. But, while the DOL watches issues to provide...more

Downs Rachlin Martin PLLC

US DOL Issues Guidance on FFCRA, FLSA, and FMLA as Businesses Reopen

On July 20, 2020, the U.S. Department of Labor published additional guidance on how the Families First Coronavirus Response Act (“FFCRA”), the Fair Labor Standards Act (“FLSA”), and the Family and Medical Leave Act (“FMLA”)...more

Ballard Spahr LLP

The Department of Labor Updates FLSA and Unemployment Compensation Guidance

Ballard Spahr LLP on

Last week, the Department of Labor (DOL) issued additional guidance about the Fair Labor Standards Act (FLSA) and state unemployment compensation. Telework and Flex Schedules The DOL’s Wage & Hour division updated its...more

Epstein Becker & Green

The U.S. Department of Labor Issues New Guidance on Leave and Wage & Hour Issues Confronting Employers as They Reopen for Business

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On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published new guidance for businesses reopening amid the COVID-19 pandemic. ...more

Fisher Phillips

What Employers Need To Know About DOL’s New Guidance On Return-To-Work, Remote Work, And Wage And Hour Issues

Fisher Phillips on

The Department of Labor issued several sets of new guidance materials to employers as return-to-work, remote work, and wage and hour issues remain hot – and sometimes confusing – topics. The agency recognizes that the...more

Jackson Lewis P.C.

DOL Issues Additional Clarification On FMLA, FFCRA, FLSA In COVID-19 Context

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The U.S. Department of Labor (“DOL”) recently issued additional clarification on it FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic. Some highlights include: Telemedicine Visits...more

Lowenstein Sandler LLP

FAQs on Pandemic-Related Issues for Small Businesses and Nonprofits

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This resource was prepared by Lowenstein Sandler for informational purposes only. It is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. Use of this...more

Epstein Becker & Green

U.S. Department of Labor Issues New Opinion Letters Clarifying Regular Rate Principles

In addition to its recent, exigent responsibility of preparing guidance on the protections and relief offered by the Families First Coronavirus Response Act, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) has...more

Goodwin

Labor Cost Reduction Options for Employers in a Distressed Economy: The CARES Act and Other Considerations

Goodwin on

Employers are considering whether to implement layoffs, furloughs or hours reductions in light of the economic uncertainty arising from the COVID-19 pandemic. This alert reviews significant considerations for employers that...more

Weintraub Tobin

2nd UPDATE: DOL Again Updates Question & Answers Page For Families First Coronavirus Response Act

Weintraub Tobin on

Last week, we alerted you to the fact that the US Department of Labor had issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the FFCRA. Late Saturday...more

Seyfarth Shaw LLP

If Pain, Yes Gain — Part 82: Dallas’ Paid Sick Leave Ordinance Temporarily Blocked by Federal Court

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Seyfarth Synopsis:  On March 30, 2020, just two days before Dallas’ paid sick leave ordinance was scheduled to begin full enforcement, a federal court in Texas granted a preliminary injunction prohibiting enforcement of the...more

Kilpatrick

Update: Department of Labor Releases Additional FFCRA Guidance

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As we wrote about earlier this week (here), on Tuesday, March 24, the U.S. Department of Labor (“DOL”) issued guidance regarding the Families First Coronavirus Response Act (“FFCRA” or “the Act”) in three parts: a Fact Sheet...more

Amundsen Davis LLC

Regular Rate Of Pay Under The FFCRA – It’s Not Necessarily The Base Wage

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For purposes of the Families First Coronavirus Response Act (FFCRA), the regular rate of pay used to calculate an employee’s paid leave is not necessarily the employee’s base wage or salary. According to the Department of...more

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