Legal Solutions At Work

Join us (virtually) — we will run through some real-world situations and crowd-source possible answers to complicated questions. Sign-up through the link below, or reach out to me directly with questions: https://bit.ly/3mljwX8 Contact info:Meredith S. Campbell Chair, Employment and Labor GroupShulman Rogers mcampbell@shulmanrogers.com | T 301.255.0550 | F 301.230.2891

On August 31, 2020, the U.S. Department of Labor (DOL) issued several new opinion letters addressing compliance issues related to the Fair Labor Standards Act (FLSA). Two letters of particular interest address the fluctuating workweek and expense reimbursement.   FLSA2020-14 restates the DOL’s Wage and Hour Division (WHD’s) long held position that an employee’s work… More

Do you know how many hours your employees work while teleworking from home? If not, now may be a good time to review and implement policies and practices that accurately track this information. Doing so may avoid future wage and hour claims for you non-exempt employees. (As a quick reminder, non-exempt employees typically are paid… More

A deadline requiring notice to employees furloughed longer than six months under the federal Worker Adjustment and Retraining Notification Act (the “WARN Act”) may be quickly approaching for employers who laid off or furloughed employees around mid-March 2020 due to the coronavirus pandemic. The WARN Act generally requires employers with 100 or more employees to… More

Recently filed litigation by McDonald’s Corp. against its former CEO Steve Easterbrook highlights the importance of conducting thorough and complete investigations at the first report of impropriety. In this instance, McDonald’s is seeking to recover tens of millions of dollars paid to Easterbrook in severance and benefits after he was fired having admitted to engaging… More

Employee complaints are often the cost of doing business. Minor concerns can always be addressed, but any complaint of significance should be promptly and thoroughly investigated. Why? Offices are not perfect and mistakes will happen. Early investigation and prompt response can go a long way towards preventing a problem from becoming a tragedy.  Employees —… More

Last week, the U.S. Department of Labor (DOL) published answers to three new Frequently Asked Questions (#98-100) addressing the availability of leave under the Families First Coronavirus Response Act (FFCRA) when an employee’s child is attending school remotely or on a hybrid schedule. Employees who are caring for children who attend schools operating remotely or… More

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

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

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