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Key Issues, Developments and Strategies Affecting Your Workforce

Ready or Not: Here Comes the CCPA (the California Consumer Privacy Act) Five Questions to Assess Your Company’s CCPA Readiness

By FW Data Privacy and Cybersecurity Group

November 14, 2019

While many are beginning to turn their thoughts to the holidays—looking forward to attending office parties, enjoying time with family, or eating too much— data privacy and information management professionals do not have that luxury. Instead of sugar plums, our heads are full of opt-out options, thirty party disclosures, and privacy notices. Yes, the California Consumer Privacy Act (“CCPA”) is arriving on January 1, 2020, and immediate action is required to get your business ready…

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Termination of McDonald’s CEO Highlights Changing Workplace Attitudes

By Michael N. Chesney

November 11, 2019

young couple in office — Wooden desk with laptop, smartphone and notebook placed on it and young couple in formal wear hugging in the background

McDonald’s recent termination of its highly-regarded CEO Steve Easterbrook provides employers with another high-profile reminder of shifting attitudes regarding workplace romances, even voluntary ones. As most are now aware, McDonald’s board of directors determined that their CEO had violated company policy and shown “poor judgment” by having a romantic relationship with a subordinate employee. While interoffice dating is not a new phenomenon and office romances remain prevalent, McDonald’s quick move to terminate Easterbrook illustrates how…

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Labor Department Clarifies Fluctuating Work Week Pay Method

By Keith A. Ashmus

November 5, 2019

The U.S. Department of Labor, in its continuing effort to simplify its wage and hour rules, has proposed changes to the fluctuating workweek method of paying salaried employees who work varying hours from week to week. Under this method, employers can pay salaried employees a set salary every week, to cover all their straight time hours, whether few or many. If there are hours worked over forty, the obligation to pay overtime is met by…

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Company Faces RICO Lawsuit Over “Falsely Advertised” CBD Product after Employee Tests Positive for THC and Loses his Job

By Christina Niro & Tom Haren

October 22, 2019

Public support for cannabis reform – whether to legalize medical or adult use marijuana or hemp and hemp-derived products – is at an all-time high. While marijuana reform is moving slowly at the federal level, the federal government legalized hemp and its derivatives as part of the 2018 Farm Bill. Now, companies from Martha Stewart to Walmart are seizing the opportunity to enter the hemp-derived CBD market. And, while CBD (Cannabidiol) may be the most…

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U.S. Department of Labor Announces Proposed Rules Regarding Tip Credits and Tip Pooling

By Ryan T. Smith

October 11, 2019

On Monday, October 7, 2019, the Department of Labor (DOL) issued new proposed rules regarding the circumstances in which employers may (1) apply a “tip credit” to satisfy their minimum-wage obligations under the Fair Labor Standards Act (“FLSA”) and (2) permit non-tipped employees to participate in mandatory tip-pooling arrangements. 1. The Proposed Rules abolish the 80/20 Rule. Current “tip credit” rules allow employers to offset a portion of their minimum-wage obligations toward their “tipped employees” (i.e., those…

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Reminder and Insights Regarding the Deadline to Submit EEO-1 Component-2 Pay Data By September 30, 2019

By Jonathan Scandling & Ryan T. Smith

September 26, 2019

No later than September 30, 2019, employers with 100 or more employees must file EEO-1 Component 2 to report workforce pay data for the years 2017 and 2018. In light of the approaching deadline, we want to update employers briefly on the status of the reporting obligation, offer some key tips for compliance, and finally, explain why this reporting obligation may be a one-time deal. The Component-2 reporting requirement stems from an Obama-era rule that…

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Ohio Supreme Court Shuts Down Local-Hiring Requirements in Public Construction Contracts

By Frantz Ward Construction Group

September 24, 2019

The Ohio Supreme Court today issued a knockout punch to public authorities seeking to enforce local-hiring requirements on public-construction projects. In 2003, the Cleveland City Council enacted what is generally known as the “Fannie Lewis Law.” The much-disputed law required public-construction contracts valued at $100,000 or more to include a provision mandating that Cleveland residents perform 20 percent of total construction labor hours on the contract. Contractors awarded projects but who failed to comply would…

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The Long-Awaited Overtime Rule Is Here

By Megan E. Bennett

September 24, 2019

Today, the Department of Labor (“DOL”) announced its final rule to increase overtime pay for salaried employees. The new rule lifts the annual salary threshold from $455 per week ($23,600 annually) to $684 per week ($35,568 annually). The rule also raises the annual compensation requirement for highly compensated employees (“HCE”) from $100,000 per year to $107,432 per year. This is a significant change from the proposed rule, which set the annual HCE compensation at $147,414.…

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NLRB Changes Stance on Private University Student Unions

By Jonathan Scandling

September 23, 2019

The National Labor Relations Board (the “Board” or “NLRB”) has issued notice that it will propose a new rule establishing that students who perform any services for compensation, including, but not limited to, teaching or research, at a private college or university in connection with their studies are not “employees” within the meaning of Section 2(3) of the National Labor Relations Act (the “Act”). The Board’s decision has potential for significant impact on the status…

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Drug Testing for Unemployment Applicants May Be Coming Soon

By Brian Kelly

September 5, 2019

Under a new rule being advanced by the U.S. Department of Labor, applicants for unemployment benefits may soon have to pass a drug test in order to receive benefits. The rule, which has been a source of significant controversy, recently moved closer to becoming a reality when the DOL sent it to the federal budget oversight office for final approval. President Trump has expressed support for the DOL’s proposed rule, which would allow states to…

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Key Issues, Developments and Strategies Affecting Your Workforce

Blog Authors

Ready or Not: Here Comes the CCPA (the California Consumer Privacy Act) Five Questions to Assess Your Company’s CCPA Readiness

Termination of McDonald’s CEO Highlights Changing Workplace Attitudes

Labor Department Clarifies Fluctuating Work Week Pay Method

Company Faces RICO Lawsuit Over “Falsely Advertised” CBD Product after Employee Tests Positive for THC and Loses his Job

U.S. Department of Labor Announces Proposed Rules Regarding Tip Credits and Tip Pooling

Reminder and Insights Regarding the Deadline to Submit EEO-1 Component-2 Pay Data By September 30, 2019

Ohio Supreme Court Shuts Down Local-Hiring Requirements in Public Construction Contracts

The Long-Awaited Overtime Rule Is Here

NLRB Changes Stance on Private University Student Unions

Drug Testing for Unemployment Applicants May Be Coming Soon

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