As a follow up to its Notice of Proposed Rulemaking issued in April 2019, the US Department of Labor (DOL) announced on January 12, 2020, the issuance of a Final Rule to revise and clarify the standard for joint employment status under the Fair Labor Standards Act (FLSA). The DOL explained that the Final Rule was necessary because the circuit courts were using a variety of tests to determine joint employer status which has resulted…

In the past few months, we have seen significant changes to the laws governing employee benefits, from the new hardship withdrawal regulations for 401(k) participants, to the SECURE Act, to the new individual coverage health reimbursement arrangement (“HRA”).  Here is what you need to know for 2020: Starting December 20, 2019: Qualified Plan loans may no longer be distributed through credit cards or similar arrangements. Employers sponsoring defined contribution plans have an optional safe harbor…

The flurry of activity from National Labor Relations Board in late 2019 was a fairly consistent drum beat of good news for employers.  In many cases, the Board restored decades of precedent that had been upended by the Board during the Obama administration.  Some would say the Board restored order and sanity in the world of labor relations.  That is certainly the case with the recent Board decision holding that employers can, in fact, require…

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years. These regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), require that any driver who fails (or refuses to take) a mandated drug or alcohol test must be taken off the road until he or she completes a return-to-work process that includes consulting with a substance abuse professional…

If you follow our blog, you know that the National Labor Relations Board’s election rules have been a hot topic over the past several years.  The Board’s election rules are critical, because time can often make a difference in whether a union election is won or lost. In 2011, the Board started the process to change the rules applicable to union elections, known as representation cases.  In essence, the proposed rule changes would speed up…

If your business operates in California, you need to be aware of AB 51, a law that will take effect January 1, 2020.  AB 51 precludes employers from requiring any applicant or employee, as a condition of employment, continued employment, or the receipt of any employment-related benefit, “to waive any right, forum, or procedure” for a violation of the Fair Employment and Housing Act (FEHA) or the Labor Code. Section 432.6 of the law…

In 2014, the NLRB held in Purple Communications that employers must allow their employees  to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last year, we reported that the NLRB was set to re-examine the controversial Purple Communications decision.  The Board did just that in issuing its December 16 decision in Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino. In Caesars, a Las Vegas…