Hey Compliance Warriors! With telework arrangements expanding in response to the coronavirus pandemic, today the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Field Assistance Bulletin (FAB) 2020-5 to clarify an employer’s obligation to track the number of hours of compensable work by employees who are teleworking or otherwise working away from premises […]
HR News, Human Resources, New York, Payroll
BREAKING NEWS: New York District Court Vacates Parts of FFCRA Regulations Including Healthcare Provider Definition
Hey Compliance Warriors! Not long after the Department of Labor (DOL) issued the FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions. Yesterday, August 3rd, 2020, the federal district court in New York struck down four provisions in the regulations. Read on…
Hey Compliance Warriors! The Internal Revenue Service issued a temporary regulation and a proposed regulation to reconcile advance payments of refundable employment tax credits and recapture the benefit of these credits when necessary. Read on…
Hey Compliance Warriors! The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. Read on…
Hey Compliance Warriors! Today, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced additional guidance to provide information to workers and employers about how the requirements and protections of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) impact the workplace […]
Hey Compliance Warriors! The Treasury Department and the Internal Revenue Service today provided guidance in Notice 2020-54 to employers requiring them to report the amount of qualified sick and family leave wages paid to employees under the Families First Coronavirus Response Act (FFCRA) on Form W-2. Read on…
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! 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 […]
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 […]