The U.S. Department of Labor’s Wage and Hour Division (“DOL”) published additional Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 26, 2020, which address some of the open issues regarding the...more
The U.S. Department of Labor’s Wage and Hour Division (“DOL”) issued a third installment of new Q&As regarding the Families First Coronavirus Response Act (“the Act”) on March 28, 2020. Foley’s Coronavirus Task Force...more
In the COVID-19 landscape, April 1, 2020, is a big day for employers across the country. The federal Families First Coronavirus Response Act (“FFCRA”) becomes effective for employers with fewer than 500 employees. And Dallas...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first set of guidance for employees and employers on the Families First Coronavirus Response Act (FFCRA) just before midnight on March Tuesday, March...more
On March 20, 2020, the Departments of Treasury and Labor issued joint guidance with preliminary information to assist employers plan for the financial impact of the Families First Coronavirus Response Act (the “Act”). The...more
The United States Senate passed The Families First Coronavirus Response Act (the “Act”), without any changes to H.R. 6201, passed by the House earlier this week. The Senate followed suit, passing the Act, including technical...more
As we have discussed, there are notable gaps in the recently passed Federal Emergency Paid Sick Leave Act, including exempting employers with over 500 employees and authorizing the Secretary of Labor to grant hardship...more
On Friday, March 13, 2020, the United States House of Representatives passed H.R.6201 titled the Families First Coronavirus Response Act (the “Act”). And on Monday, March 16, 2020, the House made corrections to the Act. As...more
This is Foley’s third installment to the Coronavirus FAQs for Employers. We will continue to publish additional FAQs based on inquiries from clients – including best practices as this workplace challenge continues to...more
3/19/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
OSHA ,
Paid Leave ,
Remote Working ,
Screening Procedures ,
Sick Leave ,
WARN Act ,
Workplace Safety
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
A significant amount of legal activity has taken place recently in the area of joint employment. Joint employment exists when more than one entity is deemed to be a worker’s employer. Typically, a direct employer and a...more
2/6/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRB ,
Wage and Hour
The following is a summary of key decisions from the National Labor Relations Board (Board) and its Division of Advice during the period in which the Republican Party has controlled the Board under the Trump...more
2/4/2020
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Section 7 ,
Trump Administration ,
Unfair Labor Practices ,
Unions
We previously reported on the San Antonio sick leave ordinance that was to become effective August 1, 2019. City of San Antonio employers now have four extra months to comply. On July 24, 2019, district judge Sol Casseb...more
Austin, San Antonio and now Dallas have joined an ever-growing number of American cities passing paid sick leave ordinances. Though Austin was the first to adopt such an ordinance, in November 2018 Texas’ Third Court of...more
On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not “jurisdictional.” Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019)....more
6/4/2019
/ Administrative Procedure ,
Appeals ,
Certiorari ,
Corporate Counsel ,
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
Employers with mandatory arbitration agreements should be careful to re-affirm their commitment to such arbitration agreements in light of a recent state court decision in Texas, Adock v. Five Star Rentals/Sales, Inc., No....more
On April 29, 2019, the Department of Labor issued an opinion letter FLSA2019-6. In fall 2018, several employer groups sought clarification from the DOL on worker classification as employees versus independent contractors. In...more
4/30/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Independent Contractors ,
Internal Revenue Code (IRC) ,
IRS ,
Misclassification ,
Multi-Factor Test ,
Opinion Letter ,
Wage and Hour ,
Withholding Requirements
Attention tax-exempt entity employers: Starting with tax filings this year (for your taxable year that began in 2018), you will need to make a special report to the IRS and pay an excise tax if you provided certain current or...more
On March 7, 2019, the Department of Labor (DOL) issued a Notice of Proposed Rulemaking (NPRM) that would increase the minimum salaried basis threshold required to be paid to employees under the white collar exemptions (e.g.,...more
Over the last few months, we have been bombarded constantly with various people across society discussing sexual harassment and the #MeToo movement. Recent news events have led to spirited and sometimes disruptive discussions...more
On Friday, September 14, 2018, the National Labor Relations Board (NLRB) issued its Notice of Proposed Rulemaking in the latest attempt to address the “joint employer” standard under the National Labor Relations Act. The...more
9/25/2018
/ Browning-Ferris Industries of California Inc. ,
Comment Period ,
Employer Liability Issues ,
Franchisee ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Rulemaking Process ,
Staffing Agencies ,
Terms and Conditions