Labor & Employment Law Perspectives

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If we’re talking about the Fair Labor Standards Act (FLSA), the answer is that there is quite a significant difference. An outside salesperson is not entitled to an overtime premium, and is not even entitled to minimum wage or to the minimum salary requirements of the executive, administrative or professional exemptions. In other words, an employer who does not pay a penny to an outside salesperson week after week, regardless of the number of hours…
As we reported recently, on April 29, 2019, the U.S. Department of Labor (DOL) issued an opinion letter clarifying its stance on the classification of workers in the gig economy. The letter provided good news to those who contract with workers in the “gig economy,” concluding, based on the facts provided, that with respect to the specific company that solicited the letter, its workers would be properly classified as “independent contractors” and not as…
We previously reported that Massachusetts employers should be preparing for upcoming compliance deadlines under the Massachusetts Paid Family and Medical Leave law, including the May 31, 2019, employee notice date. On May 1, 2019, though, the Department of Family and Medical Leave announced that it was extending the deadline for employers to provide notice of the law to employees until June 30, 2019.…
Outside of death, beneficiary provisions and designations under qualified plans (see ERISA Section 3(8)) tend to receive little attention. Unfortunately, death may spotlight or uncover less desirable provisions and once-hidden ambiguities. With some minor review and planning now, however, you can better prepare for simplicity later.…
By now, most federal contractors are aware of the Office of Federal Contract Compliance Programs’ (OFCCP) current policy of transparency and have heard about its plan to conduct focused reviews and other compliance checks, in addition to regular establishment reviews. Likewise, most have already perused the latest Corporate Scheduling Announcement List (CSAL) notifying contractors about whether they are likely to be scheduled for review during the current fiscal year and, if so, providing advance notice…
Earlier this month, we reported that the Equal Employment Opportunity Commission (EEOC) proposed a September 30, 2019, deadline for employers subject to EEO-1 reporting requirements to file detailed pay data. Today, the U.S. District Court for the District of Columbia made that deadline official: the “Component 2” portion of the EEO-1 form is due September 30, 2019. Component 2 data covers employee compensation and hours worked, broken down by job category, pay band, race, ethnicity,…
New York City employers will need to reconsider their drug testing policies. On April 9, 2019, the City Council passed a bill that would prevent most employers from requiring job applicants to submit to drug tests for tetrahydrocannabinols (THC), the active ingredient in marijuana. The bill easily passed by a 40-to-4 vote. If, as expected, Mayor de Blasio signs it, it will become an unlawful discriminatory practice for an employer to require a job applicant…
As we previously reported, last summer Massachusetts legislators passed a bill adding that state to the growing list of locations requiring that employers offer some sort of paid family leave. That bill ultimately was signed by the governor, meaning that Massachusetts employers should be preparing to comply with several provisions of the Massachusetts Paid Family and Medical Leave (PFML) law, which goes into effect on July 1, 2019. The Massachusetts Department of Family and…
Most employers are well aware that the Americans with Disabilities Act (and similar state laws) require employers to engage in the “interactive process” when an employee requests a disability accommodation. But in actual day-to-day practice, human resources professionals and others tasked with fulfilling this obligation often find themselves stumped. “Interactive process” is a vague term, and there is a lack of clarity regarding what it means for an employer to engage in this process. As…