Hey Compliance Warriors! Last week, the EEOC and OSHA issued updates to their COVID-19 guidance clearing up many questions employers have been navigating. Read on…
Author: Lisa Smith, SPHR
HR News, Human Resources, New Jersey, Payroll, payroll law
Breaking News: New Jersey Releases Employee Misclassification Poster
Hey Compliance Warriors! New Jersey has finally released the new mandatory poster regarding employee misclassification. Read on…
Hey Compliance Warriors! On June 15, 2020, the Supreme Court of the United States ruled, in a 6-to-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employers from firing workers for being homosexual or transgender. Justice Neil Gorsuch stated: “In Title VII, Congress adopted broad language making it illegal for an […]
As businesses reopen, companies should be prepared for a potential wave of lawsuits from customers and employees who may claim to have contracted COVID-19 on their premises. As a result, companies should carefully review their insurance policies to see what coverage might be available for such claims. Third-Party Lawsuits General Liability Insurance A company should […]
Hey Compliance Warriors! Yesterday afternoon, the Senate voted YES on H.R.7010 – Paycheck Protection Program Flexibility Act of 2020. This means a lot of good news for employers who have been struggling to fulfill the requirements of the original PPP. Read on…
In the recent decision of O’Shaughnessy v. Young Living Essential Oils, the United States Court of Appeals for the Fifth Circuit was presented with a classic contract-law conundrum of an agreement contained in more than one document, which, in this case, related to the oft-cited, but rarely used, Racketeer Influenced Corrupt Organizations Act (“RICO”). In […]
Hey Compliance Warriors! This memorandum provides updated interim guidance to Compliance Safety and Health Officers (CSHOs) for enforcing the requirements of 29 CFR Part 1904 with respect to the recording of occupational illnesses, specifically cases of COVID-19. On May 26, 2020, the previous memorandum on this topic[1] will be rescinded, and this new memorandum will go […]
Attorney Blog, Human Resources, Payroll
The Fifth Circuit Examines the Highly-Compensated Employee Exemption Under the FLSA
The Fifth Circuit recently examined the job duties required to qualify as a highly compensated employee under the FLSA. Smith v. Ochsner Health Sys., No. 18-31264, — F.3d –, 2020 WL 1897186 (5th Cir. Apr. 17, 2020). The Fair Labor Standards Act (“FLSA”) exempts certain highly-compensated employees (“HCEs”) from the requirement that they receive overtime […]
Hey Compliance Warriors! On May 20, 2020, the U.S. Department of Labor announced a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. The final rule clarifies that payments in addition to the fixed salary are compatible with the use of […]
Hey Compliance Warriors! Government officials across the country are easing up on business closures and stay at home orders. Here is an article and table of reopening protocols as of today. Read on…