On August 8, 2022, a Kentucky federal judge granted two stipulated dismissals filed by plaintiffs in a conditionally certified Fair Labor Standards Act (“FLSA”) case—without first reviewing and approving the settlement entered into between the parties. U.S. District Judge Benjamin Beaton’s decision to decline judicial review of the parties’ FLSA settlement is significant because courts […]
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of 2021. Within this $1.9 trillion relief Bill, Congress extended certain previously enacted COVID-19 stimulus package provisions and expanded on previous measures, providing more relief and creating new obligations. Here, we highlight a few key provisions of the Act relevant to employers.
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do so remotely. While convenient, this practice may compromise their status as exempt employees under federal […]
While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to simplify and clarify how to determine whether a worker is an employee or an independent […]
The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if they cannot work or telework because they need to care for a child whose school is closed […]
On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). While portions of the DOL’s regulations are out, it is unclear what—if anything—is “in.” Click here to […]
The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of FMLA Rights, which can be given to employees upon hire; (2) the FMLA Eligibility Notice […]
Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are they a “retail or service establishment?” Click here to continue reading.
The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to provide paid leave to employees for a variety of reasons, including when the employee cannot work or telework because the employee’s child’s school or day care is closed due to COVID-19 related reasons. With the end of the school year […]
The United States Department of Labor updated its “model” notice of employees’ rights pursuant to the Families First Coronavirus Response Act (“FFCRA” or “Act”). This updated model notice must be posted or distributed to employees electronically in time for the FFCRA’s effective date of April 1, 2020. Click here for more information.