Timekeeping and Remote Employees-Tracking Hours and Remaining Compliant
January 14, 2021
The Fair Labor Standards Act (FLSA) requires employers to compensate employees for all time spent performing work, regardless of whether... Read More
EEOC Schedules 2021 Openings of EEO Data Collections
January 14, 2021
After a delay due to the COVID-19 public health emergency, the EEOC announced that it will reopen EEO data collections... Read More
What Off-Duty Conduct or Activity is Protected?
January 11, 2021
Could this happen to you? More and more individuals who participated in the January 6 assault on the U.S. Capitol... Read More
New COVID-19 Relief Package
December 28, 2020
As we blogged here last week, Congress came to an agreement on a $900 billion COVID-19 relief package, and on... Read More
What Will Happen to FFCRA Leave in the New Year?
December 22, 2020
You have likely already heard rumblings about the House and Senate deal reached over the weekend on a new $900B... Read More
Handbook Process
December 17, 2020
Did you know myHRcounsel can draft your employee handbook? If you have an existing handbook that requires an update, we... Read More
Legalization of Marijuana and its Impact on the Workplace
November 17, 2020
Voters in another four states, Arizona, Montana, New Jersey, and South Dakota, opted for legalization of marijuana in the recent... Read More
Can an employer have a policy that requires employees and customers get a Covid vaccination?
November 16, 2020
The short answer is yes, you can have a policy that requires employees get a COVID vaccination (or other vaccinations, such... Read More
What Does a Biden Administration Mean For Employers?
November 12, 2020
A new presidential administration can signal many changes for employers. While litigation persists, it appears likely employers should prepare for... Read More
Offering Reasonable Accommodations to Clients with Disabilities
November 03, 2020
If your store policy requires everyone in the store to wear a mask at all times, you should be consistent... Read More
Can you Require Facemasks?
October 02, 2020
During the COVID-19 pandemic we have seen multiple shifts in views by the public and employees. Initially, the issue was... Read More
Remembering Ruth Bader Ginsburg
September 21, 2020
On Friday evening, the world lost a titan of the law. Justice Ruth Bader Ginsburg passed away after serving more... Read More
CDC Issues Updated Guidance on Asymptomatic COVID-19 Testing
September 20, 2020
In updated CDC guidance, the new guidance states that “if you have been in close contact, such as within 6... Read More
EEOC (Once Again) Publishes Updated Guidance About the ADA, the Rehabilitation Act, and COVID-19
September 11, 2020
The EEOC has once again weighed in with updated guidance for employers to remain compliant when dealing with the COVID-19 pandemic in the workplace. The EEOC’s most recent FAQs are largely based on its webinar from March 2020, so much of the guidance may already be familiar to employers.
Department of Labor Steps in With New FAQs to Guide Employers as the School Year Starts
August 31, 2020
One question that’s been front and center for many employers as we approach fall, is how the FFCRA’s expanded FMLA (EFMLA) and emergency paid sick leave (EPSL) provisions will apply when employee’s children may or may not be going back to in-person instruction. The Department of Labor, seeking to clarify this on behalf of employers, released three new FAQs last week that are instructive.
Presidential Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster
August 24, 2020
On August 8, 2020, the President issued a Memorandum Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster, directing the Secretary of Treasury to use his authority to defer the withholding, deposit, and payment of the employee share of Social Security taxes on applicable wages paid from September 1, 2020, through December 31, 2020. As currently written, this measure is merely a temporary deferral, and not forgiveness of any tax obligations.
Federal Court in New York Strikes Down Four Key Provisions of FFCRA Regulations
August 06, 2020
In April 2020, the State of New York sued the U.S. Department of Labor (DOL), claiming it “unlawfully narrows workers’ eligibility for emergency family leave and paid sick leave guaranteed by the [FFCRA].”
Earlier this week, a federal judge for the Southern District for New York agreed with the State of New York and struck down four main regulations:
The Department of Labor Issues Additional COVID-19 Guidance
July 28, 2020
The United States Department of Labor (DOL) recently issued additional guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA). Below are some non-exhaustive highlights.
Paid Leave for Parents Under the Families First Coronavirus Response Act (FFCRA)
July 27, 2020
While many parents remain in limbo regarding the status of their child’s school this fall, some of your parent-employees have undoubtedly received confirmation as to whether their child will be attending full time in-person classes, full time distance learning, or a hybrid of the two. Your employees may be asking for teleworking arrangements or a period of continuous leave to stay home and care for school aged children whose schools have chosen a full time distance learning model.
Minnesota Governor Issues Mask Requirement
July 23, 2020
Joining the long list of states with mask mandates, on July 22, Minnesota Governor issued Executive Order 20-81, which requires people in Minnesota to wear a face covering in all public indoor spaces and businesses, and even some outdoor spaces, unless they are alone or otherwise qualify for an exemption or accommodation. The face covering requirement is intended to supplement, and not replace, other prevention efforts such as physical distancing and hand washing. This Executive Order is effective starting July 25, and it remains in effect until the peacetime emergency declared in Executive Order 20-01 ends or until cancelled by a proper authority.