On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit found that enforcing the Department of Labor’s (DOL) tip credit rule could cause irreparable harm to restaurants and other employers with tipped employees....more
At the start of the COVID-19 pandemic, many employers relied heavily on the constantly changing guidance from the Equal Employment Opportunity Commission (EEOC) in its Technical Assistance Questions and Answers relating to...more
We’ve all heard about the Family and Medical Leave Act (FMLA) when it comes to expectant mothers or for recovery from serious physical health conditions such as heart attacks or surgeries. But more nuanced is the application...more
The West Virginia Supreme Court of Appeals (WVSCA) issued a new ruling in Fairmont Tool Inc. v. Opyoke, clarifying an employee’s burden of proof to sustain an interference claim under the Family and Medical Leave Act (FMLA)...more
6/17/2022
/ Appeals ,
Burden of Proof ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Interference Claims ,
Issuer Eligibility Criteria ,
Notice Requirements ,
Paid Family Leave Law ,
VA Supreme Court
Since April 1, employers with fewer than 500 employees have been required to grant paid leave to their employees for a variety of COVID-related reasons. The two paid-leave provisions in the Families First Coronavirus...more
Starting June 4, 2020, a new “safe harbor” revision to the West Virginia Wage Payment and Collection Act provides West Virginia’s employers an avenue to avoid the liquidated damages and attorney’s fees provisions of the Act....more
Updated March 29, 2020 -
The Department of Labor once again updated its Q&A section concerning the implementation of the paid leave provisions of the Families First Coronavirus Relief Act....more
On the evening of March 18, 2020, President Trump signed into law the multiple-subject Families First Coronavirus Response Act (FFCRA).
The focus of this alert is to summarize the two portions of the FFCRA which provide...more
3/24/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Response ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Joint Statements ,
Paid Leave ,
Sick Leave ,
State of Emergency ,
U.S. Treasury
On the evening of March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA). Although having a life of just one week from introduction in the House to presidential signing, this new...more
In its first major overhaul of the Fair Labor Standards Act’s (“FLSA”) joint employer standard since the 1950s, the Department of Labor has brought some clarity to the definition of this relationship after decades of varying...more
On January 7, 2020, the U.S. Department of Labor published three new opinion letters – two that address compliance under the Fair Labor Standards Act (“FLSA”) and one that addresses compliance under the Family Medical Leave...more
1/16/2020
/ Bonuses ,
Consultants ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Minimum Salary ,
Opinion Letter ,
Over-Time ,
Public Employees ,
Rate of Pay ,
Wage and Hour
Looking for the perfect gift for your employees this holiday season? Consider giving the gift of feedback (although turkeys and bonuses are certainly good, too!). An overwhelming amount of information has been published on...more
The increased use of technology by health care providers requires new and innovative platforms to provide better services to patients. One platform that has garnered attention since its introduction in mid-2014 is Amazon’s...more
Reed College has been directed to permit a subset of its student workers (known as Housing Advisers or HAs) to hold an election to form a union. Reed College opposed an election arguing that: 1) HAs cannot meet the statutory...more