Updates
DOL Update – New Compliance Office and Wage & Hour Opinion Letters
September 11, 2018
On August 28, 2018, the Department of Labor (DOL) announced the creation of a new “Office of Compliance Initiatives (OCI)” that is designed to “promote greater understanding of federal labor laws and regulations, allowing job creators to prevent violations and protect Americans' wages, workplace safety and health, retirement security, and other rights and benefits.”
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Unemployment Drug Testing Could Increase
August 28, 2018
In 2017, Congress passed a resolution to undo an Obama-era Department of Labor rule regulating drug testing for unemployment benefit recipients. After President Donald Trump approved the resolution, the DOL officially rescinded the rule, which limited drug testing to applicants in particular industries and positions, and those previously terminated for drug use.
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The Crown Pierces the Corporate Veil: Ontario Court Imposes Liability on Individual for Fines Imposed Against a Corporate Defendant
August 17, 2018
An Ontario Court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation.
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California Supreme Court Rejects Federal “De Minimis” Doctrine
August 2, 2018
The California Supreme Court held last week that small amounts of time that an employee works before clocking in or after clocking out for the day are compensable, and an employer’s failure to pay for such time is not excusable under the federal “de minimis” doctrine.
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Effort for Predictive Scheduling Expands
July 30, 2018
Chicago is the latest city to consider an ordinance requiring predictive scheduling at the workplace.
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My Business Doesn't Have to Follow California Law...Does it?
July 25, 2018
On July 12, the California Supreme Court agreed to answer several questions about whether California’s wage and hour laws apply to employees of Delta and United Airlines.
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New York City: Workplace Poster for Temporary Schedule Change Law Published
July 24, 2018
Effective July 18, 2018, New York City employers are required to grant, with limited exceptions, an employee’s request for a temporary change to the employee’s work schedule due to a personal event.
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DOL Provides Guidance Regarding When There is an Employment Relationship with Caregivers
July 23, 2018
There has been a lot of uncertainty in recent years concerning when an entity will be considered an employer of caregivers under the Fair Labor Standards Act (FLSA).
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July Updates in Labor and Employment Law
July 16, 2018
An update on several items in July.
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Ontario, Canada Personal Emergency Leave – Your Questions Answered
June 28, 2018
Due to excellent participation in our recent Bill 148 Q & A Quarterly Webinar, and popular demand for more information about Personal Emergency Leave (“PEL”) during the 19th Annual Ontario Employment Law Conference, we have answered the most pressing questions from participants in this update.
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Considering a Merger or Acquisition? Make Sure You Think About Withdrawal Liability
June 25, 2018
Companies in growth mode often consider acquiring another business. Dangers lurk beneath any merger and acquisition for a variety of reasons, but many times companies do not consider the type of workforce in the middle of negotiations over value.
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Oregon Bureau of Labor and Industries Issues Final Administrative Rules on Predictive Scheduling
June 19, 2018
Oregon’s predictive scheduling law goes into effect on July 1, 2018. In advance of the law’s effective date, the Oregon Bureau of Labor and Industries (BOLI) has issued final administrative rules that will govern its administration of the law.
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