On September 24, 2021, the Safer Federal Workforce Task Force released guidance detailing COVID-19 vaccination and other pandemic-related workplace safety requirements for federal contractors in accordance with the Executive...more
9/27/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
The 11th Circuit clarified that employers, not employees, bear the burden of proving compliance with the 80-20 rule for employees subject to the tip credit under the FLSA....more
9/17/2021
/ Burden of Proof ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Job Duties ,
Labor Regulations ,
Regulatory Standards ,
Restaurant Industry ,
Summary Judgment ,
Tip Credit ,
Tipped Employees ,
Tips ,
Unpaid Wages ,
Vacated ,
Wage and Hour
On September 9, 2021, President Biden announced a new six-pronged strategy to contain the spread of COVID-19. Most notable are plans for COVID-19 vaccination and/or weekly testing mandates that will affect employers and...more
9/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced a new six-pronged strategy to contain the spread of COVID-19. Most notable are plans for broad COVID-19 vaccination and/or testing mandates that could apply to as many as 100...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
SBA Issues New PPP Rules for Owner-Employees and Related Party Rents -
The Small Business Administration ("SBA") recently issued a new interim final rule clarifying whether paycheck protection program ("PPP") loan proceeds...more
9/25/2020
/ Business Closures ,
CARES Act ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Family and Medical Leave Act (FMLA) ,
Financial Industry Regulatory Authority (FINRA) ,
Government Lockdown ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Rent ,
Return-to-Work Agreements ,
SBA ,
SBA Lending Programs ,
Small Business
Navigating the Minefield of Legal Challenges as Employees Return to Work -
Employers face a host of potential legal pitfalls as businesses that were closed in response to the COVID-19 pandemic reopen and new virus hotspots...more
Recalling Furloughed or Laid-Off Workers -
Given phased reopening recommendations, social distancing requirements, and employees working remotely, employers may have to choose which employees to return to work first....more
8/4/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Furloughs ,
Layoffs ,
Screening Procedures ,
Wage and Hour ,
Workplace Safety
The Equal Employment Opportunity Commission (“EEOC”) has periodically updated its Technical Assistance Publication to provide employers with federal employment law guidance during the coronavirus (“COVID-19”) outbreak. As...more
As the number of coronavirus (COVID-19) cases climbs in the U.S. and across the world employers should prepare for practical and legal issues brought on by the disease. While these efforts are complicated by the fact that, to...more
3/5/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Business Continuity Plans ,
China ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Crisis Management ,
Disability Discrimination ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Leave of Absence ,
Medical Leave ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Reasonable Accommodation ,
Risk Management ,
Sick Leave ,
Workplace Safety
On September 24, 2019, the Department of Labor announced its final rule updating the salary threshold necessary to exempt certain employees from the Fair Labor Standards Act’s minimum wage and overtime requirements. While the...more
In 2016, the EEOC revised its EEO-1 form that collects pay data from employers with 100 or more employees. The previous version of the EEO-1 form required employers to report the number of employees across ten job categories...more
9/18/2019
/ Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On June 11, 2019 Governor Kay Ivey signed the Clarke-Figures Equal Pay Act into law. The new law makes Alabama the 49th state to enact a state law against wage inequality. HB225 was sponsored by Representative Adline Clarke...more
6/14/2019
/ Employer Liability Issues ,
Equal Pay ,
Equal Pay Act ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Transparency ,
Sex Discrimination ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Monday, June 3, 2019, the U.S. Supreme Court unanimously ruled that federal courts can hear Title VII discrimination claims even if employees fail to first file with an administrative agency, such as the Equal Employment...more
6/4/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Exhaustion Doctrine ,
Federal Rules of Civil Procedure ,
Fort Bend County Texas v Davis ,
Jurisdiction ,
SCOTUS ,
Split of Authority ,
Title VII
On August 28, 2018, the Department of Labor’s Wage and Hour Division issued an opinion letter clarifying the permissibility of no-fault attendance policies under the Family and Medical Leave Act (FMLA). Employers frequently...more
In late 2017 or early 2018, employers should anticipate clarity from the U.S. Supreme Court as to whether arbitration agreements requiring workers to waive their right to file class or collective actions violates the National...more
When Donald Trump takes office in January 2017 he will enjoy Republican majorities in both the House and Senate, which should allow him to take quick action on a number of employment law issues. Although there issome...more
12/20/2016
/ Anti-Retaliation Provisions ,
Child Care ,
Department of Labor (DOL) ,
Drug Testing ,
E-Verify ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Foreign Workers ,
Gender-Based Pay Discrimination ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Reform ,
Joint Employers ,
LGBTQ ,
Maternity Leave ,
Minimum Salary ,
Minimum Wage ,
NLRB ,
OSHA ,
Over-Time ,
Pay Equity Laws ,
Popular ,
Transgender ,
Trump Administration ,
Wage and Hour ,
Wages ,
White-Collar Exemptions ,
Workplace Injury ,
Workplace Safety
The Tennessee legislature has passed a workers’ compensation reform bill that significantly changes the way claims are handled in Tennessee after July 1, 2014. Though Governor Bill Haslam has not yet signed the bill, he is...more