On March 12, 2021, the Occupational Safety and Health Administration (OSHA) launched a National Emphasis Program (NEP) that signaled a new enforcement agenda, targeting establishments in industries that have an increased...more
As previously reported here, President Biden directed the Small Business Administration (SBA) to impose an exclusive two-week window where only the smallest businesses – those with fewer than 20 employees and sole proprietors...more
The Biden Administration announced further changes to the Payroll Protection Program (PPP). These changes are aimed at increasing lending to small business and independent contractors, removing barriers to borrowing,...more
On February 19, 2021, the U.S. Department of Labor’s Wage and Hour Division (WHD) withdrew two FLSA opinion letters, further signaling a return to more employee-friendly policies....more
As employers wrestle with whether to require vaccines for employees or how to encourage employees to get vaccinated voluntarily, many companies are implementing incentive programs that provide gifts, paid time off and even...more
The registration period for the Fiscal Year 2022 H-1B visa lottery will open at noon Eastern Time (ET) on March 9 and run through noon ET on March 25, 2021. Employers seeking to employ H-1B workers must electronically...more
For more information on calculating loan forgiveness, including the documentation requirements, see our PPP Guidance and the applicable instructions for the loan forgiveness application that applies to your business.
...more
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 (DOL) issued its final rule addressing when a worker will be an independent contractor, rather than an employee, under the Fair Labor Standards Act (FLSA). The final rule largely...more
Section 1102 of the CARES Act created the Paycheck Protection Program (PPP), which is intended to provide funds for small businesses affected by COVID-19 to maintain their workforce. The loans are forgivable under Section...more
The Small Business Administration (SBA) announced in April 2020 that it will audit all loans of $2 million or more (including loans made to covered affiliates) at the time that loan forgiveness is sought, and other loans, as...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
Summary -
California voters overwhelmingly approved Proposition 22. The ballot measure exempts app-based rideshare and delivery companies from AB 5, which made it more difficult to classify drivers as contractors by...more
After a lengthy regulatory process, Pennsylvania’s revised overtime regulations finally took effect on October 3, 2020, when published in final form. As we shared in 2018 when the regulations were initially proposed, the new...more
Philadelphia has amended its Promoting Health Families and Workplaces Ordinance, which already provides up to 40 hours of paid sick leave a year to eligible employees, to provide two weeks of paid emergency public health...more
The U.S. Department of Labor (DOL) yesterday issued a proposed rule addressing when a worker will be an independent contractor (rather than an employee) under the Fair Labor Standards Act (FLSA). Under the proposal, the...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
Late in the afternoon on Friday, August 28, Treasury issued Notice 2020-65 providing guidance implementing President Trump’s Executive Memorandum on social security payroll tax deferral (Payroll Tax Deferral). President...more
8/31/2020
/ Executive Orders ,
FICA ,
IRS ,
Lost Wages ,
Minimum Wage ,
Payroll Taxes ,
Presidential Memorandum ,
Social Security Taxes ,
Tax Deferral ,
Trump Administration ,
U.S. Treasury ,
Wage and Hour
On August 13, 2020, the National Labor Relations Board (NLRB) Division of Advice released five memoranda in which the General Counsel directed NLRB regional offices to dismiss pandemic-related charges filed by unions and...more
8/17/2020
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
NLRB ,
NLRB General Counsel ,
Nursing Homes ,
Policy Memorandums ,
Protected Concerted Activity ,
Unions ,
Workplace Safety
On August 8, 2020, President Trump signed four documents—three Presidential Memoranda and one Executive Order—aimed at directing further COVID-19 relief. Two of the memoranda related to unemployment assistance and deferred...more
8/14/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Eviction ,
Executive Orders ,
Extensions ,
FEMA ,
Government Assistance ,
Lost Wages ,
Payroll Taxes ,
Presidential Memorandum ,
Social Security Taxes ,
Tax Deferral ,
Trump Administration ,
Unemployment Benefits ,
Unemployment Insurance
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
Last week, the Department of Labor (DOL) issued additional guidance about the Fair Labor Standards Act (FLSA) and state unemployment compensation. Telework and Flex Schedules The DOL’s Wage & Hour division updated its...more
7/29/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
New Guidance ,
Paid Time Off (PTO) ,
Remote Working ,
Sick Leave ,
Unemployment Compensation System ,
Wage and Hour
The National Labor Relations Board (NLRB) issued its decision in General Motors, LLC and Charles Robinson yesterday (July 21, 2020), providing additional certainty to employers seeking to discipline employees for abusive or...more
For more information on calculating loan forgiveness, including the documentation requirements, see our PPP Guidance and the applicable instructions for the loan forgiveness application that applies to your business.
...more