The U.S. Department of Labor (DOL) has proposed a rule that would make it more difficult for companies to treat workers as independent contractors. The proposed rule would return to a "totality-of-the-circumstances" analysis...more
In deciding Morgan v. Sundance, Inc., the U.S. Supreme Court has resolved a circuit split, answering the question of whether a party must show prejudice when arguing that the opposing party waived its right to compel...more
On September 30, 2020, the Occupational Safety and Health Administration (OSHA) updated its answers to frequently asked questions regarding an employer's obligation to report a COVID-19-related fatality if it occurs within 30...more
The National Labor Relations Board (Board) issued a Guidance Memorandum (Guidance) on September 4, 2020, addressing the analysis of employer assistance in union organizing efforts. The Guidance has been provided as a response...more
By definition, the hallmark of the fluctuating workweek (FWW) is that the hours fluctuate. Now, following another opinion letter from the U.S. Department of Labor (DOL) on the topic, employers know that this does not mean...more
The U.S. Department of Labor (DOL) issued a Temporary Rule on September 11, 2020, regarding the paid sick leave and expanded family medical leave rules under the Families First Coronavirus Response Act (FFCRA). Effective...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more
8/14/2020
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Medication-Assisted Treatment (MAT) ,
New Guidance ,
Opioid ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
In State of New York v. United States Department of Labor, the Southern District of New York struck down several key aspects of the Department of Labor's (DOL) Final Rule implementing the provisions of Families First...more
8/11/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family Medical Leave ,
Final Rules ,
Health Care Providers ,
Lack of Authority ,
Paid Leave ,
Paid Sick Leave
In a recent summary judgment decision, the Eastern District of Wisconsin held that time spent by employees of staffing agencies both waiting for a job assignment and traveling to the job assignment if they were selected is...more
The Coronavirus Aid, Relief and Economic Security (CARES) Act was signed into law on March 27, 2020. It is the largest stimulus package in U.S. history, and provides $2.2 trillion in relief to individuals, businesses, and...more
4/3/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Retention ,
Family and Medical Leave Act (FMLA) ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
Small Business ,
Small Business Loans ,
Tax Credits ,
Tax Deferral ,
Unemployment Insurance
Conflict exists between every generation, at least to some degree, and this is not new. Advancements in technology, the status of the economy, and other large-scale factors create differences in perspective between older and...more
With the 2020 U.S. Presidential Election less than a year away, political conversations and activities are seeping into almost every aspect of daily life—even the workplace. While discussions on the topic can be harmless,...more
On August 8, 2019, the U.S. Department of Labor – Wage and Hour Division (collectively the "DOL") issued Opinion Letter FMLA2019-2-A, which interpreted the Family and Medical Leave Act of 1993 (FMLA) to include providing...more