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Human Resources

Attorney Harrison Oldham Just two weeks before President Biden took office, the DOL issued a new rule to be utilized in determining whether to classify workers as independent contractors or as employees under the Fair Labor Standards Act (“FLSA”).  On May 5, 2021, the U.S. Department of Labor (“DOL”) revoked the Trump-era test.  The test […]

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Under both federal and state law, non-exempt employees must be paid an overtime premium at 1½ times their regular rate for all hours worked over 40 in a workweek. Effective July 1, 2021, however, Virginia employers will be subject to additional overtime wage obligations beyond those required by the federal Fair Labor Standards Act. The new […]

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Taxpayers with children should file returns soon for advance payments of Child Tax Credit   The Internal Revenue Service today provided an overview of some of the key tax provisions in the American Rescue Plan Act. Several provisions affect the 2020 tax return people are filling out this filing season, including one exempting up to $10,200 […]

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Employers filing employment tax returns and claiming an employer tax credit should read the instructions for Form 941 and carefully complete the form to avoid mistakes. Using a reputable tax preparer including a certified public accountant, enrolled agent or other knowledgeable tax professional can also help avoid errors. Mistakes can result in a processing delay or a balance due notice, which could […]

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Attorney Harrison Oldham On May 3, 2021, the National Federation of Independent Business (“NFIB”) released its latest survey on the impact the pandemic has had on small businesses.  The NFIB is the largest small business association in the country, with about 300,000 members, and this survey is the 17th survey the NFIB has conducted.  You may […]

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The U.S. Department of Labor today announced the withdrawal – effective May 6 – of the “Independent Contractor Rule,” to protect workers’ rights to the minimum wage and overtime compensation protections of the Fair Labor Standards Act (FLSA).   The Department is withdrawing the rule for several reasons, including:   The independent contractor rule was in tension with […]

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By Jennifer L. Mora  On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits […]

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The U.S. Department of Labor today announced a final rule delaying portions of the 2020 Tip final rule until December 31, 2021. The remainder of the 2020 Tip final rule will become effective April 30, 2021 including the rules addressing:   A prohibition on employers, including supervisors and managers, keeping tips received by workers, regardless of whether […]

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Attorney Harrison Oldham The COVID-19 pandemic shifted many employees to remote work and telecommuting.  Because of this, many employees, who are no longer tethered to an office space, have moved out-of-state from their initial workspace for personal or financial reasons.  In response, many employers are left to figure out what their legal obligations are for […]

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Attorney Harrison Oldham This week, spouses of two individuals who died from COVID-19 filed a complaint against Pilgrim’s Pride, along with related defendants JBS USA Holdings Inc. and Packers Sanitation Services LTD, alleging that the defendants should have done more to protect its employees during the COVID-19 pandemic.  In the complaint, which was filed in […]

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