The U.S. Department of Labor (DOL) has issued a Final Rule on the standards for determining independent contractor status for purposes of minimum wage and overtime pay issues under the Fair Labor Standards Act (FLSA). Although the Final Rule is considered “new,” it is based on the standard that was applied prior to the 2021
The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) have agreed to team up to investigate and enforce protections for workers who raise safety concerns and suffer retaliation as a result.
Continue Reading NLRB and OSHA Enter Into Collaboration Agreement To Pursue Violations Implicating Both NLRA and OSH Act
Today, the U.S. Department of Labor announced a proposal to increase the Fair Labor Standards Act’s (FLSA) salary-level threshold from $35,568 to $55,068, which would result in many more employees being entitled to overtime pay for hours worked in excess of 40 in a workweek. …
Continue Reading Major Proposed Hike in Salary-Level Threshold Affecting Overtime Exemptions: What Employers Need to Know
On May 18, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a non-binding “technical assistance” document that offers employers guidance on the applicability of Title VII to the use of artificial intelligence (“AI”) in employment selection procedures such as hiring, promoting and firing. The guidance comes as the EEOC continues to prioritize its consideration of potential discriminatory policies and practices that incorporate AI…
Continue Reading EEOC Issues New Guidance on Use of Artificial Intelligence in Employment Selection Procedures
The U.S. Department of Labor has announced that the Occupational Safety and Health Administration (OSHA) has initiated a National Emphasis Program (NEP) to prevent falls in the workplace, which OSHA states is the leading cause of workplace injuries and fatalities, ahead of violations of OSHA’s respiratory protection standard. Although most of the citations involving fall…
On Friday, April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 issues and equal employment opportunity (EEO) laws. The easy to read Q&A format is necessary reading for essential employers whose physical workspaces remain open, and for employers contemplating re-opening plans or personnel changes. The EEOC’s guidance clarifies that EEO laws, such as the Americans with Disabilities Act (ADA), continue to apply during the pandemic, while recognizing that these laws should not interfere with applicable safety guidelines issued by the CDC and other agencies. Recent guidance addresses the following issues:
Continue Reading EEOC Releases Updated COVID-19 Guidance (Updated as of April 23, 2020)
For the last several weeks, the Department of Labor has periodically updated its Families First Coronavirus Response Act: (FFCRA) “Questions and Answers” page by illustrating real-world applications of the FFCRA. We covered previous updates on March 31, 2020 and March 25, 2020. The most recent updates – questions 80-88 – illustrate common issues in computing employee hour and pay entitlements under the FFCRA, among others.
Continue Reading Department of Labor Updates Families First Coronavirus Response Act Q&A Guidance on Calculating Leave Entitlements
The Families First Coronavirus Relief Act’s (“FFCRA”) swift enactment left employers scrambling to interpret its provisions. Fortunately, the Department of Labor has issued temporary regulations that resolve many common questions and scenarios. Final regulations are expected on April 6th.
The FFCRA provides two types of paid leave: the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”). You can read about the basic provisions of FFCRA here. This post summarizes some critical issues concerning FFCRA implementation.Continue Reading DOL Issues Temporary Regulations Detailing FFCRA Paid Leave Rules
The federal Department of Labor (DOL) continues to update its Families First Coronavirus Response Act (FFCRA) FAQ leading up to the April 1, 2020 implementation. Over the past week, the DOL has supplemented the FFCRA FAQ several times to provide guidance and clarifications concerning lingering questions. Some of the recent clarifications we find helpful are below.
Continue Reading Department of Labor Continues to Update FAQ Concerning Families First Coronavirus Response Act
Updating our prior Families First Coronavirus Response Act (FFCRA) guidance, today the Department of Labor issued a model poster concerning FFCRA rights and responsibilities. The poster is accessible at: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
The FFCRA requires covered employers post in a conspicuous place on its premises a notice of FFCRA requirements. For covered employers with remote work forces,…