Pay Me Now, or Pay Me Later? Wages Paid for Anticipated Overtime are Excludable from Employees’ Regular Rate
January 5, 2021
The Department of Labor released an opinion letter addressing whether certain overtime payments based on an expected number of hours may be credited towards the amount of overtime pay owed under the Fair Labor Standards Act and whether such overtime payments are excludable from the regular rate.
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What Can Employers Expect from a Joe Biden Presidency?
January 5, 2021
As we say goodbye to 2020 (good riddance!) and begin the New Year, employers are starting to ask: what will a Joe Biden presidency mean for us?
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USDOL Gets Tech-Savvy in Approving Electronic Notice Posting and FMLA-Qualifying Telemedicine Visits
January 4, 2021
The U.S. Department of Labor’s (DOL) Wage and Hour Division was hard at work in the closing days of 2020, endorsing the use of electronic posting of required notices and telemedicine visits under the Family and Medical Leave Act.
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Federal Contractors and Recipients of Federal Grants Granted Relief from President’s Executive Order on Diversity and Inclusion Training
December 23, 2020
On December 22, 2020, a judge granted a preliminary injunction halting enforcement of the EO.
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California Family Rights Act Expands To Cover Nearly All California Employers - What You Need To Do Now
December 14, 2020
On January 1, 2021, the California Family Rights Act (“CFRA”) will significantly expand by applying to all employers with as few as 5 employees and creating the right to take leaves to care for more family members with serious health conditions.
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Massachusetts: Does your Employee Handbook do more Harm than Good?
December 8, 2020
I often tell clients that one of the most important documents they need to have is an employee handbook, and that handbook needs to be up to date and legally compliant.
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U.S. DOL Issues Opinion Letters Regarding Compensation for Travel Time and Voluntary Training
November 16, 2020
On November 3, 2020, the U.S. Department of Labor issued Opinion Letter FLSA2020-16, regarding the compensability of travel time for hourly (non-exempt) construction foremen and laborers under the Fair Labor Standards Act. Also on November 3, the DOL issued opinion letter FLSA 2020-15, regarding compensation for time employees spend attending voluntary training programs, specifically outside, ongoing continuing education classes.
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Illinois: What To Do About Fraudulent Unemployment Claims
November 12, 2020
Sometimes, crisis brings out the best in people. Unfortunately, it also often brings out the worst. While not an entirely new phenomenon, fraudulent unemployment claims have become a widespread phenomenon across the country, including in Illinois.
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Is There a Conservative Case for Labor Unions?
November 10, 2020
Like too many other things, the subject of labor unions can really polarize political opinions in this country. Views about labor unions pretty reliably break down along partisan lines, with liberals largely in support and conservatives largely opposed.
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DOL's Proposed Rule on Independent Contractor/Employee Classification
November 4, 2020
The gig economy has resulted in state and federal oversight and regulation regarding whether an individual is an independent contractor or an employee.
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President’s Executive Order on Diversity and Inclusion Training
October 19, 2020
Based on a recent Executive Order, federal contractors who conduct expanded diversity trainings now will be subjected to increased scrutiny, and some types of diversity training now may be construed as discriminatory.
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When Does a Neutrality Agreement Provide Unlawful Assistance to a Union? The NLRB GC Weighs In
September 30, 2020
National Labor Relations Board General Counsel Peter Robb issued guidance concerning how he will analyze whether a neutrality agreement provides unlawful assistance to a union, in violation of Section 8(a)(2) of the National Labor Relations Act.
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Tweets Follow

Jul 30

New @shrm Court report: Fire Department Extinguishes Overtime Claims

Jul 27

U.S. DOJ States that Emergency Use Authorization Does Not Preclude Vaccine Mandates

Jul 26

Oregon’s 2021 Legislative Session Brings Significant Changes for Employers