In recently issued answers to FAQs, the U.S. Department of Labor (DOL) provided direction to employers with federal government contracts subject to the Service Contract Act (SCA) on the requirements for compliance with the Families First Coronavirus Response Act (FFCRA). The published guidance specifically addressed the wage rates set by the SCA and whether subject… More
Month: August 2020
NLRB Changes Standard for Offensive Comments Made in the Course of Protected Activity
Last month, the National Labor Relations Board (NLRB) issued a new standard which gives employers more flexibility to discipline – and terminate – employees for abusive language used while otherwise engaging in protected concerted activity under the National Labor Relations Act (NLRA). Prior to the new standard announced in In re: General Motors, LLC and… More
Updating Handbook Policies in Light of COVID-19
As businesses look toward reopening to a new normal, now is a good time to review and update your employee handbooks. Specifically: • Teleworking is likely here to stay, so employers should implement teleworking policies to address issues regarding eligibility and approval, timekeeping, equipment, workers’ compensation, and more. • Employers should review attendance and… More
New (Easier) Rules for Fluctuating Workweek
The United States Department of Labor (“DOL”) released a Final Rule – commonly referred to as the “Bonus Rule”– that clarifies how employers should calculate the overtime rate of an employee if that employer also provides employee with any bonus or other incentive-based pay under the fluctuating workweek method. Under the fluctuating workweek method, nonexempt… More
NY Judge Changes FFCRA Rules– Now we Wait for Direction from DOL
In an opinion issued on August 3, 2020, a federal judge in the Southern District of New York ruled in favor of the State of New York on its challenge to the Department of Labor’s (“DOL”) interpretation of certain provisions of the Families First Coronavirus Response Act (“FFCRA”). The court vacated the following portions of… More
DOL Publishes New FMLA Forms and Seeks Public Input
The U.S. Department of Labor Wage and Hour Division (“DOL WHD”) recently issued revised model notices and forms for employer administration of the Family and Medical Leave Act (“FMLA”) plus a Request for Information soliciting feedback on potential changes to the Act. The revised forms and notices are for employees requesting and employers coordinating FMLA… More