For the first time in sixty years, the U.S Department of Labor is substantively revising the regulation that articulates when two people or businesses are “joint employers” of an employee under the Fair Labor Standards Act (FLSA). The final version of Joint Employer Status under the FLSA will be published this Thursday, January 16, and is effective on March 16, 2020. See 29 CFR Part 791. The unpublished version is available here. The revisions are meant to “reduce uncertainty over joint employer status, promote greater uniformity among court decisions, reduce litigation, and encourage innovation in the economy.” Franchise chains, temp agencies, and businesses that outsource their workforces are among those that will benefit from the revised rule.
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Department of Labor Releases First Three Opinion Letters of 2020
The Department of Labor announced its return from winter vacation this week by issuing three new opinion letters. Two of the letters address Fair Labor Standards Act (“FLSA”) payment calculation issues; the other deals with the applicability of the Family and Medical Leave Act (“FMLA”) to a special health district.
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NLRB Approves of Employer Policies Requiring Confidential Workplace Investigations
The holidays arrived early last week for employers and management-side labor attorneys, as the National Labor Relations Board issued a decision approving employer policies that prohibit the discussion of pending workplace investigations. In Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, Cases 27-CA-191574 and 27-CA-198058, the Board considered two workplace rules: “one requiring employees to ‘maintain confidentiality’ regarding workplace investigations into ‘illegal or unethical behavior’ and the other prohibiting ‘unauthorized discussion’ of investigations or interviews ‘with other team members.’”
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Westchester County, New York Enacts Safe Time Leave Law to Complement Earned Sick Leave Law
This spring, Westchester County extended statutory employment protections for workers facing sickness, caregiving obligations, domestic violence, or human traffic through passage of the Earned Sick Leave Law (the ESLL) and the Safe Time Leave Law (the STLL).
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New York Bars Non-Disclosure Agreements in All Discrimination Case Settlements
In 2019, the New York State Legislature championed a host of employment laws that strengthen protections for employees. One of those laws codified new requirements for non-disclosure agreements, which are effective as of October 11, 2019. To ensure enforceability of non-disclosure provisions, employers must account for the following provisions:
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UPDATE: Massachusetts Paid Family and Medical Leave Employer Deadlines
Notice to employees due September 30, and required contribution withholding begins October 1.
Massachusetts’ Paid Family and Medical Leave program was signed into law in June 2018, and cannot be utilized by employees until January 2021. But by September 30, 2019, employers must notify all covered individuals of the Paid Family and Medical Leave program, and on October 1, 2019, employers must begin payroll deductions for Q2 2019 unless an exemption has been approved.
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