On September 22, 2020, the U.S. Department of Labor (“DOL”) unveiled its long-awaited proposed independent contractor rule. The new rule sets forth a new standard for determining whether a worker can be classified as an independent contractor rather than an employee for purposes of the Fair Labor Standards Act (“FLSA”). The proposed rule will make […]
Attorney Blog, Human Resources, Payroll, payroll law
Does the First Day of Fall Bring New Hope for Policyholders in COVID-19 Litigation?
Earlier this year (as you know), thousands of businesses were forced to shut down after mandatory lockdowns were imposed across the county. Expectedly, many of those businesses carried insurance – namely, business interruption insurance. After the lockdowns began, those businesses began submitting claims to their insurance providers for compensation to account for the income that […]
Attorney Blog, Human Resources, Payroll, payroll law
EEOC Clarifies Remote Work Accommodations Under the ADA
On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) released updated guidance stating that businesses will not be required to automatically allow remote work as a reasonable accommodation under the Americans with Disabilities Act (“ADA”) as the threat of COVID-19 dissipates. You may see the guidance here: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws. This guidance applies to those employers covered […]
On September 2, 2020 the Fifty Circuit Court of Appeals released its opinion in D2 Excavating v. Thompson Thrift Constr., No. 19-40745 (Sept. 2, 2020). There, D2, an excavation company who was subcontracted to remove some dirt, ended up removing a lot more dirt from a construction site than originally anticipated. The resulting lawsuit over […]
Attorney Blog, Human Resources, Payroll, payroll law
U.S. Department of Labor Updates Guidance on Employers’ Obligation to Compensate Teleworking Employees
On August 24, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) issued Field Assistance Bulletin No. 2020-5, which addresses an employer’s obligations to track employee hours while remote/teleworking. Even though the guidance was issued as a result of increased teleworking during the COVID-19 pandemic, the DOL emphasized the guidance applies to all teleworking or […]
On August 7, 2020, the Fifth Circuit provided guidance on a previously unaddressed issue under Texas law: namely whether reformation of an overbroad non-compete restriction is appropriate at the preliminary injunction stage or must occur as a remedy after trial upon the merits. In Calhoun v. Jack Doheny Companies, Inc., the Fifth Circuit decided that […]
On August 5, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) addressed some of these issues by issuing guidance on employers’ obligations under the Americans with Disabilities Act (ADA) related to opioid use among employees. The ADA protects employees from termination and other adverse actions based on qualifying disabilities, and it requires that employers provide […]
Attorney Blog, Human Resources
FFCRA: What Does the Recent US District Court Decision Mean for Employers?
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several employer friendly provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus Response Act (“the Act” or “FFCRA”). In the decision, the Court addresses four provisions of the Final Rule: (1) the […]
Recently, in light of COVID-19, many people have asked me if they can mandate that their employees wear face masks or coverings in the workplace. Well, the short answer is, yes . . . generally. A business may implement a workplace policy or rule that requires its employees to wear a face mask or covering […]
Attorney Blog, Human Resources
Supreme Court Decides Administration Had Authority to Create Exemptions from Contraceptive Requirements for Employers with Religious and Conscientious Objections
In the July 8, 2020 decision, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, the Supreme Court upheld a regulation that permits all employers with a “sincerely held religious or moral objection” to opt out of providing contraceptive coverage in their group health plans. As a bit of background, the Affordable […]