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President Trump Issues New Executive Order for Federal Contractors and Employers

On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (the “Executive Order”). The Executive Order applies to federal contractors and subcontractors, as well as organizations...more

DOL Proposing to Make it Easier to Classify Workers as Independent Contractors

Ensuring the proper classification of workers is a concern for many employers. Soon, it may become easier for employers to classify workers as independent contractors, thereby excluding more workers from overtime pay under...more

DOL’s Ruling on Joint Employment

This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more

Department of Labor Doubles Down and Largely Reaffirms Limitations on FFCRA Leave, But Narrows Health Care Provider Exclusion

As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more

Joint Employer Rule Struck Down

Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more

The Payroll Tax Deferral Dilemma

On August 8, 2020, President Trump issued an executive order calling for a deferral of the employees’ portion of the payroll tax (the 6.2% Social Security tax only) from September 1, 2020 through December 31, 2020 (the...more

DOL Issues New Q&As on COVID-19 and the FFCRA as of August 27, 2020

On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First...more

Mandatory COVID-19 Vaccines: Coming to a Workplace Near You?

Six months into the COVID-19 pandemic in the United States, everyone is looking for hopeful signs that life can return to “normal” on any level.  Encouraging news reports indicate that the race to develop a COVID vaccine is...more

Employee Leave for Childcare This Fall As School Closures Ramp Up

As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents. Employers are struggling to meet...more

Beware: Federal Court Strikes Down Labor Department’s Limitations on Paid Sick and Extended Leave Benefits Under FFCRA

On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus...more

DOL Issues New Guidance on COVID-19, the FFCRA, the FMLA and the FLSA

On July 20, 2020, the Department of Labor (DOL) released three updated, new and separate questions and answers on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor...more

DOL Issues New Wage and Hour Opinion Letters

On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues. Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more

A Shield for Employers: State COVID-19 Indemnity Laws

As states begin to reopen, employers and employees alike may be worried about exposure –both to the virus itself and to liability. States have begun to act by introducing certain legislation to protect employers, who are...more

OSHA Changes Course Again on Recordability of COVID-19

On Tuesday May 19, 2020, the Occupational Safety and Health Administration (OSHA), issued a new guidance (again) on employers’ obligation to record COVID-19 cases in the workplace. Specifically, effective on May 26, 2020,...more

CDC Publishes Re-opening Guidelines

On May 14, 2020, the Centers for Diseases Control (“CDC”) released guidelines to various businesses to assist on re-opening. These guidelines are separate, single page “decision trees” in which the CDC offers decision-making...more

Reopening and worried you are infecting your employees as they come back to work? The new face of employee workplace surveillance...

Employers and employees are bracing themselves for a new heightened level of surveillance in the workplace not seen since the aftermath of 9/11. These new measures will leverage advanced technologies such as artificial...more

Department of Labor Updates Q&A’s for the Families First Coronavirus Response Act

As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more

Here Comes Mandatory COVID-19 Testing by Employers (But Not for Antibodies)

For all the time and effort spent on temperature checking and other anecdotal inquiries for COVID symptoms—and with all its inherent uncertainty given questions about the timing of COVID-19 onset—new Equal Employment...more

IRS Issues Guidance on Employee Retention Credits Under CARES Act – Updated as of April 24, 2020

The IRS issued guidance on the Employee Retention Credits under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 31, 2020 and the Joint Tax Committee provided additional legislative history in the...more

Department of Labor Corrects Temporary Rule and Provides Additional Q&A Regarding Families First Coronavirus Response Act

As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more

Best Practices When Implementing a Program for Taking Employee Temperatures During the COVID-19 Pandemic

Businesses that remain operational during the COVID-19 pandemic are faced with the challenge of determining what they can do to minimize the risk of spreading the virus while still being able to provide critical products and...more

The Unemployment Benefit as Defined by the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, expands the scope of individuals who are eligible for unemployment benefits, including those who are “furloughed”...more

Summary of Title III, Sections 3600-3611, of the CARES Act

On March 27, 2020, the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law. Its provisions had some amendments, revisions, corrections, and additions to the Families First Coronavirus Response...more

IRS Issues Guidance on Employee Retention Credits Under CARES Act

On March 31, 2020, the IRS issued guidance on the Employee Retention Credits under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The Employee Retention Credits are fully refundable tax credits...more

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