DOL
Virtual Posters – New DOL Guidance on Federally-Mandated Notices in a Virtual Workplace
Recognizing that remote work is here to stay for many employers, the U.S. Department of Labor (DOL) recently issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws. Background Several federal laws, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act…
Read MoreVaccination as a Condition of Employment: Evaluating Legal Risks of Mandatory Vaccine Policies During the Pandemic
With coronavirus vaccines receiving their emergency use authorizations from the FDA and being rapidly rolled out, employers will need to evaluate a mandatory vaccination policy that balances employee rights with novel business realities and pre-existing legal frameworks lacking clear guidance in the face of COVID-19. Under existing federal law and regulations, employers may be able…
Read MoreEmployers Can Require Proof of COVID-19 Vaccination — With Some Exceptions, EEOC Says
Employers can require proof that employees have received a COVID-19 vaccine — with some exceptions, the U.S. Equal Employment Opportunity Commission (EEOC) said in Dec. 16 guidance. COVID-19 vaccinations approved by the Food and Drug Administration do not constitute medical examinations under the Americans with Disabilities Act (ADA), EEOC said, but certain inquiries could implicate the…
Read MoreHow Positive COVID-19 Tests, Underlying Conditions Intersect with the FMLA
Employers face one key challenge in their efforts to ensure compliance with the Family and Medical Leave Act (FMLA) as well as the Americans with Disabilities Act (ADA) as the coronavirus pandemic extends into 2021. Our resources tell us that there’s virtually no case law in this area yet with respect to COVID-19. Still, those…
Read MoreAutomatic Gratuities Aren’t Tips Under the FLSA, 4th Cir. Says
Automatic gratuities are not tips as defined by the Fair Labor Standards Act (FLSA), the 4th U.S. Circuit Court of Appeals ruled (Wai Tom v. Hospitality Ventures LLC No. 18-2509 (4th Cir. Nov. 24, 2020)). Though their hourly wage, tips and automatic gratuities exceeded the FLSA’s minimum-wage and overtime requirements, servers at a North Carolina restaurant…
Read MoreWorkers Taking Suboxone, Methadone Protected by ADA, Feds Caution
Workers undergoing methadone, Suboxone or similar addiction treatments are protected from discrimination by the Americans with Disabilities Act (ADA), the U.S. Equal Employment Opportunity Commission reminded employers Nov. 16, announcing a lawsuit alleging such bias. The commission said it sued an Indiana-based transportation company for refusing to hire an applicant because of her Suboxone treatment for…
Read MoreDOL Clarifies When Continuing Education and Travel Time Are Compensable
The U.S. Department of Labor (DOL) has clarified the rules on when time spent fulfilling continuing-education requirements must be compensated under the Fair Labor Standards Act (FLSA) in a recent opinion letter. In a separate opinion letter, the DOL explained when the travel time of nonexempt foremen and laborers is compensable. A main takeaway from…
Read MoreCOVID-19 Related Litigation Surges: What Employers Can Do To Minimize Exposure
The much-anticipated surge of COVID-19 pandemic-related litigation has begun. As the pandemic continues to lay siege to the United States economy, claimants’ lawyers and government agencies have begun setting their sights on employers. In early May, we predicted an uptick in a variety of claims, including those relating to workplace safety, discrimination in furlough and…
Read MoreNo COVID Extension: VETS-4212 Filing Deadline is September 30, 2020
Although the 2020 EEO-1 deadline was extended due to the pandemic, contractors and subcontractors who have a current contract covered by the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) or had a contract as of January 1, 2020, must file a VETS-4212 report by September 30, 2020. The filing database is now open. Contractors should file as early as…
Read MoreLabor Department Issues More Coronavirus-Related Workplace Guidance
As the COVID-19 crisis continues, the U.S. Department of Labor (DOL) has issued more guidance for workers and employers about their rights and responsibilities under federal leave and wage and hour laws. On July 20, the DOL added new questions and answers to pandemic-related issues under the Fair Labor Standards Act (FLSA), the Family and…
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