Updates
President Biden Signs Multiple Executive Orders Relating to Federal Workplaces on Day One
January 21, 2021
As expected, the Biden Administration hit the ground running January 20th, including firing the Trump-appointed general counsel for the National Labor Relations Board and signing 17 Executive Actions. This Alert covers several of those actions that create immediate impacts on Federal employers and contractors, and are of interest to all employers.
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Politcal/Social Expression and Upheaval
January 11, 2021
The events leading up to and occurring on January 6th in our nation’s capitol and at several state capitols raise questions about an employer’s rights to hold employees accountable for their political expression and behavior away from work.
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Organized Labor's New Labor Secretary
January 11, 2021
President-elect Joe Biden on January 8 nominated Boston Mayor Marty Walsh as the next Secretary of Labor. Mayor Walsh is the first DOL nominee in over 50 years who is a union member.
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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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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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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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Independent Contractor Or Employee? AB 2257 Modifies AB 5, California’s Landmark Law Regarding Worker Classification
September 22, 2020
On September 4, 2020, California Governor Gavin Newsom signed Assembly Bill 2257, which significantly expands and modifies the list of occupations and industries exempt from the default “ABC Test” for determining a worker’s classification.
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