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payroll law

As you are probably aware, due to the overwhelming political coverage, mailers, commercials, etc., election day is quickly approaching. However, even though early voting has already started in the Lone Star State, employees may still need ask for time off to vote. Employers that simply say “no” to their employees might be violating Texas law. […]

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Hey Compliance Warriors! New York State’s new paid sick leave law (“NYSSL”) took effect on September 30, 2020, requiring employers to allow employees to begin accruing paid sick leave benefits immediately. But, when can they begin using the paid leave? Read on… Employees may use their accrued leave under the NYSSL starting January 1, 2021. In […]

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In what is perhaps a first of its kind situation, an Amazon warehouse worker, identifying as male, filed an employment suit against the giant company after allegedly suffering discrimination when he announced to his boss that he is pregnant. The plaintiff, whose suit was removed to the U.S. District Court for the District of New […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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Hey Compliance Warriors! The U.S. Department of Labor today announced four new opinion letters that address compliance issues related to the Fair Labor Standards Act (FLSA). An opinion letter is an official, written opinion by the Department’s Wage and Hour Division (WHD) on how a particular law applies in specific circumstances presented by the person […]

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Hey Compliance Warriors! The Department of Treasury and Internal Revenue Service today issued guidance implementing the Presidential Memorandum issued on Aug. 8, 2020, allowing employers to defer withholding and payment of the employee’s portion of the Social Security tax if the employee’s wages are below a certain amount. Notice 2020-65, posted today on IRS.gov, makes relief […]

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