On September 22, 2020, the Department of Labor (“DOL”) released its long anticipated rule for evaluating independent contractor status under the Fair Labor Standards Act (“FLSA”), which provides a simpler framework for how businesses can lawfully classify workers as independent contractors rather than employees.
The rapidly increasing importance of a company’s environmental, social and governance (ESG) performance to its business value, has been a critical trend leading into 2020.
As the presidential election draws closer and while remote work arrangements continue, employers may find that they have more opportunities to apply their social media policies in response to emotionally charged posts by employees.
Earlier in 2020, we discussed the Department of Labor’s (“DOL”) four-factor test for determining whether an entity could be considered a “joint employer” of an individual even if it is not the entity that payrolls that individual.
On Sunday, September 6, 2020, the Washington Post reported that U.S. Postmaster General Louis DeJoy’s former North Carolina–based company allegedly used company funds to reimburse employees for donations to federal and state political campaigns that DeJoy had asked them to make.
Most employers reimburse their employees for money spent on meals, hotels and other expenses during work trips as business expenses, but few have given thought to reimbursing employees for employee costs incurred at home, including for internet, electricity, printer ink, etc., because those have traditionally been considered personal expenses.
“[F]or the person who picks up our garbage, in the final analysis, is as significant as the physician, for if he doesn’t do his job, diseases are rampant. All labor has dignity.” – Martin Luther King Jr.
The National Labor Relations Act generally requires employers to furnish information to unions if the unions’ requests are relevant to the administration or negotiation of a collective bargaining agreement.
Many human resources managers will admit that they don’t consistently designate FMLA-eligible leave as being taken under the FMLA, thinking that this won’t be a problem because few FMLA-covered employees actually end up taking more than the 12 weeks of leave that they are entitled to under the Family Medical Leave Act (“FMLA”).
Recent press reports have highlighted the difficulties faced by companies that discover evidence of misconduct only after an executive has exited and received severance.
Managing furloughs and layoffs in different countries has always been a challenge for U.S. employers who are often surprised to learn that no-cause layoffs in foreign countries are either illegal or trigger substantial statutory severance requirements.
While the 5-page Paycheck Protection Program (“PPP”) Loan Forgiveness Application looks pretty simple, those who have already worked with the form know that it is not.