WARN Act Deadline- 6 Month Exemption May be Over

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

Internal Investigations: Measure Twice, Cut Once

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

COVID-10 and The Service Contract Act

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

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

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