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Search OptionsLabor and EmploymentDOL Opinion Letter Addresses When Travel Time Between Work Sites is Compensable for Non-Exempt Employees
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… Training and Compensable Time: The DOL's Opinion Letter on when an Employee Must be Paid
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… Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield
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… The [Economic] Reality for Employers: The Department of Labor's Proposed New Rule for Determining Independent Contractor Status
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… COVID-19 Safety Compliance Alert: Time to Re-Evaluate Current Plans as Indiana Enters Stage 5
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… What Employers Need to Know about the Revised FFCRA Regulations
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… IRS Confirms Payroll Tax Deferral Not Mandatory
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… IRS Issues Guidance Related to President Trump's Memorandum on Social Security Tax Deferral
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… Employee Opioid Use, Addiction, and the ADA: EEOC Guidance Indicates Opioid Use and Addiction May Give Rise to ADA Rights
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… The Ongoing Pandemic of Information: Updates to FFCRA, FLSA, and FMLA Guidance
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,… COVID-19 Safety Plan Compliance Alert: Indiana's Face Covering Mandate
On Friday, July 24, 2020, Indiana Governor Eric Holcomb issued Executive Order 20-37, entitled Face Covering Requirement (the “Executive Order”). The Executive Order implements a state-wide face covering mandate, adding to multiple local mandates already in place and existing industry-specific… Testing, Testing…The CDC Details When Employers Should Test for COVID-19 and Other Health Screening Reminders
As employers struggle to navigate the new normal after their workforce returns back to work, the Centers for Disease Control and Prevention (“CDC”) published timely guidance detailing when employers should test or require employees to complete a viral COVID-19 test. It is important that employers… |
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