On January 10, 2024, the U.S. Department of Labor published a final rule (the Rule) replacing the current test for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act....more
On February 1, 2021, DC Mayor Bowser signed emergency legislation passed by the DC Council, requiring DC employers to “adopt and implement social distancing and worker protection policies to prevent transmission of COVID-19...more
2/17/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Injunctive Relief ,
Lost Wages ,
New Legislation ,
Policies and Procedures ,
Punitive Damages ,
Regulatory Mandates ,
State and Local Government ,
State Attorneys General ,
Workplace Safety
Late on December 27, 2020, President Trump signed into law an omnibus stimulus bill. The new legislation contained much needed extensions of unemployment benefits that have supported many Americans who have experienced...more
12/30/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
IRS ,
New Legislation ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Tax Credits ,
Trump Administration
Virginia employers must comply with a host of new employment laws.
Virginia has enacted a number of significant changes to its employment laws to establish new protections and rights for employees.
These changes...more
Virginia has adopted mandatory and specific occupational safety and health regulations applicable to employers in the Commonwealth.
Virginia adopted an emergency temporary standard, the first in the nation, that requires...more
7/24/2020
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Compliance ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Personal Protective Equipment ,
Social Distancing ,
Temporary Regulations ,
Virus Testing ,
Workplace Safety
The U.S. Supreme Court held that Title VII’s prohibition against sex discrimination encompasses a prohibition against employment discrimination on the basis of sexual orientation or gender identity.
Employers who were not...more
6/23/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
COVID-19 raises potential employment law compliance issues under several areas of U.S. federal, state and local statutes.
A host of federal, state, and local laws place limits on how employers may implement infection...more
3/9/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Serious Health Conditions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
- Employees working for covered employers in the District of Columbia will become eligible for Universal Paid Leave benefits as of July 1, 2020.
- Employers’ notice obligations to employees began on February 1, 2020.
-...more
The 2019 Final Rule formally rescinds the Obama Administration’s 2016 Final Rule and increases the current minimum salary level by almost 50 percent and the current exemption salary level for highly compensated employees by...more
10/10/2019
/ Best Practices ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Highly Compensated Employees ,
Minimum Salary ,
Obama Administration ,
Over-Time ,
Salaried Employees ,
Wage and Hour ,
White-Collar Exemptions
The SHIELD Act will impose substantial new obligations on any employer with an employee residing in New York State, as well as on many employers across the country that conduct online hiring.
Regardless of their location or...more
10/8/2019
/ Cybersecurity ,
Data Privacy ,
Data Protection ,
Electronically Stored Information ,
Employer Liability Issues ,
Employer Mandates ,
Personal Information ,
Popular ,
Privacy Laws ,
SHIELD Act ,
State Data Breach Notification Statutes
New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers.
New York State has enacted...more
8/24/2019
/ Affirmative Defenses ,
Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Attorney's Fees ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Faragher/Ellerth defense ,
Gender-Based Pay Discrimination ,
Hairstyle Discrimination ,
Harassment ,
Mandatory Arbitration Clauses ,
New Rules ,
Non-Disclosure Agreement ,
NYSHRL ,
Race Discrimination ,
Salary/Wage History ,
State Labor Laws ,
Unfair Immigration-Related Practices
Sweeping new legislation in New York aims to prevent and shine light on sexual harassment.
New York State employers will soon be prohibited from mandating arbitration of sexual harassment claims. They must also obtain...more
5/22/2018
/ #MeToo ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Commission on Human Rights ,
Department of Labor (DOL) ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
Harassment ,
Hiring & Firing ,
Mandatory Arbitration Clauses ,
New Hires ,
New Legislation ,
Policies and Procedures ,
Sexual Harassment ,
State Labor Laws
The U.S. Department of Labor has endorsed a seven-factor test for determining whether an intern is considered an employee under the Fair Labor Standards Act.
The U.S. Department of Labor (DOL) has announced it has...more
On September 30, 2016, the Department of Labor (DOL) published the Final Rule implementing President Obama’s 2015 Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors” (EO 13706) requiring federal...more
10/7/2016
/ Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Wage and Hour
On July 15, 2015, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation No. 2015-1, adopting a very expansive interpretation of the definition of employees under the Fair Labor...more
On June 29, 2015, Mayor de Blasio signed the Fair Chance Act, a new law that generally prohibits New York City employers from discriminating against job applicants with a criminal record and that prohibits inquiries about...more
In an effort to increase protection for vulnerable patient populations, the Affordable Care Act (ACA) creates incentives for states to strengthen the employment background check programs available to long-term care providers....more
11/25/2014
/ Affordable Care Act ,
Background Checks ,
Criminal Background Checks ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Hiring & Firing ,
Hospitals ,
Job Applicants ,
Physicians
On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more
7/9/2013
/ But For Causation ,
Causation ,
Civil Rights Act ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
SCOTUS ,
State and Local Government ,
Supervisors ,
Title VII ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University