Summary -
The U.S. Department of Labor (DOL) issued an opinion letter on January 19, 2021, that finds a broader swath of journalists and media personnel may be creative professionals exempt from the minimum wage and...more
Summary -
The U.S. Department of Labor announced a Final Rule on December 22, 2020, that clarifies tip pooling for employees in the food service and hospitality industry, as well as how the tip credit applies to employees...more
On today’s episode we discuss a key issue presented by the coming COVID-19 vaccines: whether employers can or should mandate vaccination, what limitations might exist on an employer’s ability to do so, and other...more
The Colorado Department of Labor and Employment adopted final regulations regarding equal pay transparency under the state’s Equal Pay for Equal Work Act (EPEWA) on November 10, 2020. The earlier proposed regulations...more
The Colorado Department of Labor and Employment issued proposed regulations regarding equal pay transparency under Colorado’s Equal Pay for Equal Work Act (EPEWA), which goes into effect January 1, 2021....more
SUMMARY -
On September 8, 2020, a federal judge in New York struck down significant portions of the U.S. Department of Labor (DOL) joint employer rule, which had narrowed the situations in which businesses can be held...more
On August 24, 2020, the U.S. Department of Labor (DOL) issued a new Field Assistance Bulletin, reminding employers that they must use reasonable diligence to track and pay for all hours worked while employees are working...more
The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more
8/17/2020
/ Americans with Disabilities Act (ADA) ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
New Guidance ,
Opioid ,
Pain Management ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more
8/12/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Preliminary Injunctions ,
Ridesharing ,
State Attorneys General ,
State Labor Laws ,
TRO ,
Wage and Hour
On September 1, 2020, the Philadelphia Commission on Human Relations (PCHR) will begin enforcing the Wage Equity Ordinance (Ordinance), which prohibits employers in Philadelphia from asking job applicants for their salary...more
On July 14, 2020, Governor Jared Polis signed into law the Healthy Families and Workplace Act (HFWA), and Colorado joined the growing number of states and cities that require employers to provide paid sick leave. Many...more
On June 24, 2020, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin changing the DOL’s typical practice of seeking liquidated damages in settlements in lieu of litigation. Specifically, Field Assistance...more
6/26/2020
/ Back Wages ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Field Assistance Bulletins ,
Liquidated Damages ,
New Guidance ,
Relief Measures ,
Trump Administration ,
Wage and Hour
Governor Walz’s Executive Order 20-74 continues the process of reopening Minnesota in light of the current COVID-19 pandemic. Signed June 5, the Order took effect on June 10 and provides guidance on the process for reopening...more
The New York Court of Appeals recently affirmed the decision of the Unemployment Insurance Appeals Board that Postmates couriers should be classified as employees, not independent contractors, for purposes of unemployment...more
As states “re-open”—or prepare to—many businesses have begun to consider how they will ensure that their workplaces are safe for employees, customers, and other visitors. Keeping their sites clean is among companies’ chief...more
No employer is immune from the storm of legislation Congress has passed in response to the COVID-19 pandemic. ...more
Emergency Rules Related to Provision of Unemployment Insurance -
On March 19, 2020, in response to COVID-19, the Georgia Department of Labor (GDOL) passed numerous emergency rules, mandating that Georgia employers file...more
The Utah Department of Workforce Services (Department) has released a FAQ regarding the impact of COVID-19 on unemployment insurance for Utahans....more
Executive Order 20-05 -
On March 16, 2020, Minnesota Governor Tim Walz issued Emergency Executive Order 20-05, providing immediate relief to both employers and employees who have been affected by COVID-19. ...more
In a continuing battle to limit the spread of COVID-19 throughout the state, on Sunday, April 12, Governor Murphy issued another order, Executive Order 125, implementing additional requirements for restaurants, bars,...more
The National Labor and Review Board (NLRB) issued a final rule on February 25, 2020, that codifies a majority of the changes it proposed to its joint employer test in September 2018. These changes will take effect on April...more
2/26/2020
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Federal Labor Laws ,
Final Rules ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Staffing Agencies ,
Unfair Labor Practices ,
Unions ,
Wage and Hour
The Department of Labor (DOL) issued a final rule last weekend that codifies a majority of the changes it proposed to the joint employer test in April 2019. These changes will take effect on March 16, 2020....more
As previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s Wage Protection Act (WPA). ...more
The Department of Labor released a final rule that codifies a majority of the changes it proposed to the “regular rate” regulations earlier this year. These changes will take effect on January 15, 2020....more
12/16/2019
/ Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Labor Regulations ,
Non-Exempt Employees ,
Over-Time ,
Rate of Pay ,
Rulemaking Process ,
Wage and Hour
As we previously reported, the Colorado Department of Labor and Employment (CDLE) has been considering major changes to the state’s overtime and minimum wage laws this year. Details on the recently proposed changes follow....more
11/25/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Labor Regulations ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
White-Collar Exemptions