Employees Working from Home – How Should Company’s React?

With the country reopening due to the lessening of COVID-related restrictions, companies and employees are returning to a new “normal.” Remote working has become a recruiting tool for some companies. For other companies which have required employees to return to the office, the failure to continue to allow some form of remote working (“hybrid model”)…

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DOL Moves to Rescind Joint Employment, Independent Contractor Regulations

The U.S. Department of Labor plans to rescind a Trump-era regulation on joint employment and an impending regulation on independent contractor use, it said in a March 11 announcement. The joint employment rule took effect in March 2020 and limited employers’ liability under the Fair Labor Standards Act. A federal district court, however, vacated large portions of the…

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5 FMLA Certification Questions on Coronavirus Answered

As decisions are being made at the federal level, HR practitioners continue to seek guidance on FMLA certification procedures. Certifications for Family and Medical Leave Act (FMLA) leave continue to challenge employers in all industries, especially as the coronavirus pandemic continues, according to the Disability Management Employer Coalition (DMEC). The FMLA provides eligible employees up…

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Vaccination 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…

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Employers 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…

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Automatic 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…

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Workers 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…

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DOL 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…

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