The US Department of Labor (DOL) issued guidance this week on the impact of workplace artificial intelligence (AI) on federal labor and employment standards enforced by the Wage and Hour Division.
The guidance, delivered...more
With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more
4/23/2024
/ Cannabis Products ,
Citizenship Status Discrimination ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
New Rules ,
NLRB ,
Non-Compete Agreements ,
Off-Duty Employees ,
OSHA ,
Over-Time ,
Paid Family Leave Law ,
Reasonable Accommodation ,
Remote Working ,
Unions
On January 29, the 15th anniversary of the Lilly Ledbetter Fair Pay Act, President Joe Biden announced initiatives aimed at achieving pay equity for the federal workforce and employees of federal contractors.
...more
2/1/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Equal Pay ,
Fair Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Lilly Ledbetter ,
Office of Personnel Management (OPM) ,
Pay Discrimination ,
Pay Transparency ,
Salary/Wage History ,
Wages
Ruling on a narrow, but significant question, the US Supreme Court affirmed that the white-collar overtime exemptions under the federal Fair Labor Standards Act (FLSA) require employers to pay an employee on an actual “salary...more
On October 11, 2022, the US Department of Labor (DOL) issued a notice of proposed rulemaking that would revisit the definition of an independent contractor under the Fair Labor Standards Act (FLSA)....more
Earlier today, the US Department of Labor published a notice of proposed rulemaking “to limit the amount of non-tip producing work that a tipped employee can perform when an employer is taking a tip credit against the federal...more
In a new Field Assistance Bulletin (FAB), the Wage and Hour Division announced that it will return to pursuing liquidated damages from employers found due in its pre-litigation investigations provided that the Regional...more
Employers should be mindful of this new leave law understanding that they may not take any adverse action, discriminate, or retaliate against an employee for requesting leave to receive the COVID-19 vaccine.
New York...more
The American Rescue Plan of 2021 (the Rescue Plan) is a massive $1.9 trillion COVID-19 pandemic relief package that contains some key employment-related provisions.
The Rescue Plan provides additional benefits to...more
3/17/2021
/ American Rescue Plan Act of 2021 ,
CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Federal Pandemic Unemployment Compensation (FPUC) ,
Paid Leave ,
Pandemic Emergency Unemployment Compensation (PEUC) ,
Pandemic Unemployment Assistance (PUA) ,
Relief Measures ,
Tax Credits ,
Unemployment Benefits
On January 21, 2021, the Biden Administration issued an Executive Order outlining its objectives with respect to worker health and safety during the ongoing COVID-19 pandemic.
The Order reflects President Biden’s promises...more
2/22/2021
/ Anti-Retaliation Provisions ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Guidance Update ,
Health and Safety ,
Masks ,
OSH Act ,
OSHA ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 29, the US Department of Labor (DOL) issued a press release announcing the immediate end of its Payroll Audit Independent Determination program launched by the Department’s Wage and Hour Division (WHD) in 2018....more
On December 31, 2020, the Administrator of the Department of Labor’s Wage and Hour Division issued an opinion letter addressing whether certain travel time that occurs on a partial telework day is compensable under the FLSA....more
Government contractors may wish to seek further legal review of all diversity and inclusion training materials used.
On September 22, 2020, the White House issued Executive Order 13950, entitled “Executive Order on...more
The Administrator of the U.S. Department of Labor’s Wage and Hour Division (the WHD) issued an Opinion Letter on August 31, 2020, holding that an employee’s work hours do not have to fluctuate above and below 40 per workweek...more
On August 24, 2020, the US Department of Labor (DOL) issued Field Assistance Bulletin No. 2020-5 addressing employer obligations for tracking time worked by remote workforces.
The guidance is timely, given the transition...more
On August 3, 2020, in a lawsuit filed by the State of New York, United States District Court Judge J. Paul Oetken of the United States District Court for the Southern District of New York issued an opinion and order (Order)...more
8/12/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee's Childcare ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Leave of Absence ,
Paid Leave ,
Paid Sick Leave
Earlier today, the US Department of Labor published helpful additional guidance for employees and employers in the following links on how the provisions of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act...more
On May 20, 2020, the US Department of Labor (DOL) announced a final rule that clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor...more
5/21/2020
/ Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Employee Benefits ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Fluctuating Workweek ,
Hazard Pay ,
New Guidance ,
Popular ,
Re-Opening Guidelines ,
Sales Commissions
On May 18, the US Department of Labor’s Wage and Hour Division (WHD) announced a final rule to provide a single analysis for all employers when determining whether they qualify as “retail or service” establishments for...more
On April 27, 2020, the US Department of Labor (DOL) issued Unemployment Insurance Program Letter No. 18-20 (the Guidance) to provide states with instructions on implementing the emergency unemployment relief provisions in...more
We previously reported on how the federal Worker Adjustment and Retraining Notification Act (WARN) and its state law equivalents would apply to layoffs, furloughs, and closings during the coronavirus pandemic.
The US...more
On March 24th, the Department of Labor’s Wage and Hour Division issued its first round of guidance regarding the Families First Coronavirus Response Act.
The new guidance includes two new posters, one for federal workers...more
As more and more states order businesses to close their physical locations because of the novel coronavirus pandemic, employers are being encouraged by the federal and state governments to work remotely and not have their...more
On January 12, 2020, the US Department of Labor (Department or DOL) announced that it is issuing a Final Rule that will update and revise its regulations issued under the Fair Labor Standards Act (FLSA or the Act) that...more
1/14/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Franchisors ,
Joint Employers ,
Minimum Wage ,
Multi-Factor Test ,
NLRA ,
NLRB ,
Wage and Hour
According to the requestor, the employer informs its employees in advance that they will be eligible to receive a lump-sum bonus of $3,000 if they successfully complete ten weeks of training and agree to continue training for...more