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Department of Labor Permits Payment of Incentive Compensation by Employers Using Fluctuating Workweek

On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional...more

U.S. Department of Labor Expands Commission Sales Exemption to Federal Overtime Requirements

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a final rule eliminating a list of businesses prohibited from taking advantage of the commission sales exemption to the overtime...more

OSHA Updates Rules, Requires Most Employers to Determine Whether COVID-19 Cases Are Work-Related

The Occupational Safety and Health Administration (“OSHA”) has changed its policy for employer recording of COVID-19 cases among its workforce. OSHA’s new policy rescinds prior guidance announced in April 2020 (discussed...more

Massachusetts Announces Phased COVID-19 Reopening Plan and Protocols for Businesses

On May 18, 2020, Governor Baker announced a four-phase reopening plan for Massachusetts. Of particular importance for Massachusetts business, the Reopening Plan will allow many businesses to reopen in a phased manner, albeit...more

New York City Bans Pre-Employment Marijuana Testing

On Sunday, May 10, 2020, a groundbreaking New York City law went into effect prohibiting most employers from requiring job applicants to submit to marijuana or tetrahydrocannabinols (THC) tests during the hiring process. The...more

Massachusetts Releases Mandatory Workplace Safety Standards in Preparation for Phased Business Reopening

On May 11, 2020, Massachusetts released a set of mandatory safety standards that will apply to businesses as they begin to open their doors in the coming weeks pursuant to the Commonwealth’s four-phased plan. The workplace...more

COVID-19 Leads EEOC to Delay 2020 EEO-1 Survey Until 2021

On May 8, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the 2020 EEO-1 data collection period previously scheduled for later this year will be delayed until 2021 due to the ongoing COVID-19...more

Updates to DOL FAQS on FFCRA

Since Congress’s quick passage of the Families First Coronavirus Response Act (FFCRA) in late March, the Department of Labor has continued to issue guidance interpreting this new law. While the Department published its...more

Non-Essential Businesses in MA to Remain Closed Until May 18

April 30, 2020 The announcement is not altogether surprising, as Governor Baker has long urged a cautious approach to re-opening and stressed the need for additional testing. At the same time he extended the Order, Governor...more

President Trump Issues Proclamation Suspending Issuance of Immigrant Visas for 60 Days, with Numerous Exceptions

On Wednesday, April 22, President Donald Trump signed a Proclamation suspending the issuance of new immigrant visas in an effort to limit job competition as the U.S. economy reels from the COVID-19 pandemic. The President’s...more

New York Orders Employers to Provide Employees with Face Coverings

On Monday, New York Governor Andrew Cuomo issued an executive order requiring New York employers to provide certain employees with masks or other face coverings, at the employer’s expense. The order applies only to those...more

Department of Labor Clarifies Rules for Employer Recording of COVID-19 Cases

The U.S. Department of Labor’s Occupational Safety & Health Administration has released a new memo addressing employers’ obligations under the Occupational Safety & Health Act (“OSHA”) with respect to COVID-19. The new memo...more

The CARES Act: Business and Subject Specific Alerts and Insights

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), the third and by far the largest stimulus package passed by Congress to respond to the COVID-19 outbreak. As discussed...more

Department of Labor Issues New Regulations Interpreting FFCRA

On Wednesday, April 1, 2020, the U.S. Department of Labor (DOL) issued new formal regulations interpreting the Families First Coronavirus Response Act. Those regulations largely formalized the informal guidance the DOL has...more

Updated - COVID-19: FAQs for Employers

As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are...more

Department of Labor Issues New Guidance On Families First Coronavirus Response Act

On Saturday, the Department of Labor published additional guidance on the two emergency leaves available under the Families First Coronavirus Response Act (FFCRA). (We reported on the provisions of this new law in our...more

DOL Offers Guidance on Families First Coronavirus Response Act Requires Employers to Provide Notice to Employees

Late March 24, 2020, the U.S. Department of Labor (DOL) offered employers some important guidance on complying with the Families First Coronavirus Response Act (FFCRA), which President Trump signed into law last week. DOL...more

NLRB Postpones New Union Election Procedures Until June 1, 2020

In December 2019, the National Labor Relations Board (NLRB) updated its procedures for union elections, with the new rules going into effect on April 16, 2020. These updated procedures include changes such as longer time...more

New York State Enacts Paid Sick Leave Law in Response to Coronavirus

Earlier this week, as millions of Americans were being urged to self-quarantine to curb the spread of COVID-19, New York Governor Andrew Cuomo signed a new paid sick leave bill into law. The law is designed, among other...more

Families First Coronavirus Response Act: A Guide for Employers

On the evening of Wednesday, March 18, 2020 the President signed into law the Families First Coronavirus Response Act, which provides various forms of emergency relief to directly address the effects of the COVID-19 pandemic....more

Governor Baker Orders Closing of Non-Essential Businesses in Massachusetts; Department of Public Health Prohibits Gatherings of...

On March 23, 2020, in response to the growing COVID-19 pandemic, Massachusetts Governor Charlie Baker ordered all businesses not providing “COVID-19 Essential Services” to close their physical, brick-and-mortar premises to...more

EEOC Guidance on COVID-19 and the Americans with Disabilities Act (ADA)

On March 18, 2020, the Equal Employment Opportunity Commission issued a guidance to employers answering several commonly asked questions relating to COVID-19 and compliance with the Americans with Disabilities Act (ADA). The...more

COVID-19: FAQs for Employers

As concerns about the outbreak of coronavirus disease 2019 (COVID-19) continue to mount in the United States (and world-wide), resulting in school and business closures and other disruptions across the country, employers are...more

NLRB Issues Narrowed Joint Employer Rule

February 25, 2020, the National Labor Relations Board (NLRB) released the final version of its new joint employer rule, which limits the circumstances in which franchisors and businesses that use employees hired by third...more

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