There May Be Some Good News Coming to Companies Using Independent Contractors – At Least Under Federal Law

While states like California continue to make it tougher for companies to properly classify workers as independent contractors by adopting the ABC test, on September 25, 2020, the U.S. Department of Labor issued a notice of proposed rulemaking seeking to … Continue reading

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Eligibility for Families First Coronavirus Response Act Leave Under Different School Reopening Models

The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if they cannot … Continue reading

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Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations

On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). While portions … Continue reading

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Updated FMLA Forms Released by the DOL for Employers’ Use

The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of … Continue reading

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Modernizing the FLSA: DOL Gives the 7(i) Exemption a Makeover

Section 7(i) of the Fair Labor Standards Act (FLSA) provides an often overlooked, but useful, exemption to an employer’s overtime obligations for certain commission-based employees of retail and service establishments. However, to claim the exemption, employers must first determine: are … Continue reading

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School’s Out for Summer – Can I Get Paid Leave Under the Families First Coronavirus Response Act?

The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees to provide paid leave to employees for a variety of reasons, including when the employee cannot work or telework because the employee’s child’s school or day … Continue reading

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The DOL Updates Its Model Notice of Employee Rights Under the Families First Coronavirus Response Act

The United States Department of Labor updated its “model” notice of employees’ rights pursuant to the Families First Coronavirus Response Act (“FFCRA” or “Act”). This updated model notice must be posted or distributed to employees electronically in time for the FFCRA’s effective … Continue reading

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The DOL Starts 2020 With a Bevy of Opinion Letters

Not sitting on its laurels, the U.S. Department of Labor (DOL) has already issued three new opinion letters to begin the year.  Two deal with issues under the FLSA and a third addresses issues under the FMLA. Opinion letter number … Continue reading

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