Biden Administration Impact on the Workplace
Just one week into his administration, President Biden has signaled that he will take a fresh look at current issues affecting American workers and workplaces. His recent executive orders and memoranda include the following actions: Halt Final Rules governing tip pools and independent contractors: This Executive memorandum stays pending final rules that have been published […]
New CDC Guidance Requires Informed Consent for Workplace COVID-19 Testing
On January 21, 2021, the U.S. Center for Disease Control (CDC) issued new guidance for non-healthcare employers who conduct workplace COVID-19 testing. While the CDC previously confirmed that workplace testing is permissible as part of a comprehensive approach to reducing virus transmission, the new guidance clarifies that it should not be conducted without employees’ informed […]
DOL provides additional guidance on tipped employees
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** On January 15, 2021, the US Department of Labor’s Wage and Hour Division (WHD) issued two opinion letters relating to tipped employees. In FLSA2021-4, the WHD considered whether a restaurant may institute a tip pool that includes both servers (for […]
DOL clarifies FLSA’s “amusement or recreational establishment” exemption
On January 15, 2021, the Wage and Hour Division (WHD) of the US Department of Labor issued opinion letter FLSA2021-3. The letter explores the scope of Section 13 (a)(3) of the Fair Labor Standards Act (FLSA), which creates an exemption from the minimum wage and overtime provisions for “an employee employed by an establishment which […]
State Employment Laws to Consider with Remote Workers
Employers across the country – from small nonprofits to multi-national corporations – are grappling with whether and how to maintain a remote workforce with employees in multiple states. There are distinct advantages to allowing employees to work from their home, wherever that may be, and opening the applicant pool to a remote workforce. (See our […]
DOL Issues Final Rule on Independent Contractor Status under FLSA
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** On January 6, 2021, the US Department of Labor announced a final rule establishing the test for whether a worker will be classified as an independent contractor or an employee under the Fair Labor Standards Act (“FLSA”). The final rule […]
DOL Issues Timely Wage and Hour Rule and Guidance
***Update, January 27, 2021*** UPDATED BY EXECUTIVE ORDER – CLICK HERE FOR UPDATED INFORMATION **** Over the last few weeks, the Department of Labor (DOL) has been busy ticking items off its to-do list. We have seen action on everything from tip pooling to employee notices to travel time. Tip Pooling and Tip Credits In […]
EEOC Updates COVID-19 Guidance to Address Vaccinations
On December 16, 2020, the EEOC updated its What You Should Know About Covid-19 and the ADA, the Rehabilitation Act, and Other EEO Laws to address COVID-19 vaccinations. The update confirms that employers may require approved COVID-19 vaccinations when they are available, but they must do so in compliance with EEO laws. Given the uncertain landscape created […]
COVID-19 vaccines on the horizon: What does it mean for employers?
On December 10, 2020, a Food and Drug Administration (FDA) advisory committee will meet to review Pfizer’s COVID-19 vaccine and recommend whether to authorize its emergency use in the United States. Moderna is also seeking FDA Emergency Use Authorization (EUA) for its COVID-19 vaccine, and dozens of other pharmaceutical companies are in the process of […]
OSHA Issues Guidance on Reporting Work-Related COVID-19 Hospitalizations and Deaths
On September 30, 2020, OSHA published new guidance on employers’ obligations to report employee in-patient hospitalizations and fatalities resulting from work-related cases of COVID-19. Employers must report hospitalizations with 24 hours: In order to be reportable, an employee’s in-patient hospitalization due to COVID-19 must occur within 24 hours of exposure to the virus at work. […]
