Labor and Employment
Posted by:
Amy J. Adolay
on December 18, 2020
U.S. employers are increasingly considering whether they can and should mandate that their employees receive a COVID-19 vaccination. To be sure, these are two very different issues. One is a legal question and the other a business decision that considers the additional issues of employee morale,…
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Posted by:
Shelley M. Jackson and Kate Trinkle
on December 7, 2020
The Centers for Disease Control and Prevention (“CDC”) made two key changes to its recommendations concerning COVID-19 on October 21, 2020 and December 2, 2020. These changes impact when an individual is required to quarantine after coming into “close contact” with someone who had COVID-19 and…
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Posted by:
Kate Trinkle
on November 18, 2020
Employers with non-exempt employees who travel to and from various worksites should review and be aware of the impact of a recently issued opinion letter, FLSA 2020-16, from the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”), which addresses the issue of compensable time under…
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Posted by:
Elizabeth M. Roberson
on November 17, 2020
On November 3, 2020, the Department of Labor (DOL) issued an Opinion Letter addressing various situations in which an employee was engaged in training activities and opined as to whether or not such training was compensable time under the Fair Labor Standards Act (FLSA). The FLSA requires…
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Posted by:
Shelley M. Jackson, Robert A. Greising, and Virginia A. Talley
on October 20, 2020
On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of litigation of a complaint initiated by Austrian privacy…
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Posted by:
Elizabeth M. Roberson
on October 5, 2020
On September 22, 2020, the U.S. Department of Labor (“DOL”) announced a new proposed rule that could affect whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The proposed rule sets forth the “economic reality” test as the proper test for…
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Posted by:
Shelley M. Jackson and Kate Trinkle
on September 28, 2020
On September 24, 2020, Governor Holcomb issued Executive Order 20-43, “Back on Track Indiana: Stage Five – The New Normal During a Global Pandemic” (the “Executive Order”), which outlines requirements for Hoosiers now that Indiana entered Stage 5 on September 26, 2020. Hoosiers, including…
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Posted by:
Amy J. Adolay and Kate Trinkle
on September 18, 2020
On September 11, 2020, the Department of Labor (DOL) revised certain provisions of the Families First Coronavirus Response Act (FFCRA) regulations in light of a recent federal court decision by the U.S. District Court for the Southern District of New York (“District Court”).1 The revised FFCRA…
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Posted by:
Kendall A. Schnurpel
on September 4, 2020
In its monthly payroll industry teleconference held on September 3, 2020, the Internal Revenue Service (IRS) confirmed that the payroll tax deferral of the employee portion of the FICA tax described in IRS Notice 2020-65 is not required. Employers may choose to exercise the deferral option but are…
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Posted by:
Kendall A. Schnurpel
on September 1, 2020
Background
In his “Memorandum for the Secretary of the Treasury,” dated August 8, 2020 (the “Memorandum”), President Trump directed the Secretary to defer the withholding, deposit, and payment of the employee portion of the FICA tax (i.e., the 6.2% social security tax) paid during the period of…
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Posted by:
Elizabeth M. Roberson and Kate Trinkle
on August 24, 2020
Employers may need to revisit employee handbooks and policies after the Equal Employment Opportunity Commission (EEOC) issued guidance on August 5, 2020, addressing employee opioid use, addiction, and employee rights under the Americans with Disabilities Act (ADA).
I. Testing for Drug Use—Employer…
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Posted by:
Elizabeth M. Roberson and Kate Trinkle
on July 31, 2020
The Department of Labor (DOL) recently updated its guidance on the Families First Coronavirus Response Act (FFCRA), the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA). To properly handle employees’ requests for leave and comply with wage and hour requirements,…
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