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ten most recent federal employment law articles Ten Most Recent Federal Articles

DOL Issues Final Rule on Fluctuating Workweek Method of Computing Overtime under Fair Labor Standards Act

Littler Mendelson, P.C. • May 26, 2020
On May 20, 2020, the U.S. Department of Labor (DOL) released its final rule revising its so-called “fluctuating workweek” regulation. The final rule confirms that incentive payments—such as bonuses, commissions, and other premium payments—made in addition to the salary are compatible with the use of the fluctuating workweek method of compensation. The DOL also clarifies other aspects of the fluctuating workweek method that have confused courts and employers alike. The final rule provides much-needed clarity to the regulated community and provides additional flexibility to employees and employers in structuring compensation arrangements that align with their objectives.

DOL Green Lights Bonuses for Employees with Fluctuating Work Schedules

Franczek Radelet P.C • May 26, 2020
The U.S. Department of Labor (DOL) has issued a final rule under the Fair Labor Standards Act (FLSA) expressly authorizing employers to offer bonuses, hazard pay, and other premiums to employees whose hours, and regular rate of pay, vary from week to week.

My FMLA Blog Turns 10 Today! A Look at the Best and Worst of the FMLA in 10 Years of Writing

Littler Mendelson, P.C. • May 26, 2020
Today, my little FMLA blog turns 10 years old.

Payroll Protection Program Update: Forgiveness Application and Guidelines

FordHarrison LLP • May 26, 2020
The CARES Act created the Paycheck Protection Program (“PPP”), which amended the Small Business Act (“SBA”) to provide short term loans to companies with fewer than 500 employees and other companies (such as those in the restaurant and hospitality industry). Such loans may be eligible for full forgiveness if used for payroll and other business expenses and all other statutory requirements are met. The SBA continues to issue guidance on a rolling basis, which can impact a company’s eligibility for the loan, use of the loan, and the level of forgiveness.

Small Business Administration Issues Additional Guidance on Forgiveness of Paycheck Protection Program Loans

Jackson Lewis P.C. • May 26, 2020
The Small Business Administration (SBA) has issued guidance on the forgiveness provisions applicable to loans made under the Paycheck Protection Program (PPP) created by the CARES Act.

Individuals Traveling from Brazil Restricted from Entry under New Presidential Order

Jackson Lewis P.C. • May 26, 2020
Beginning 11:59 p.m. on May 26, 2020, travelers from Brazil will be restricted from entering the U.S. under President Donald Trump’s “Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Novel Coronavirus.”

Reopening Health Plan Elections Mid-Year? IRS Leaves it up to Employers

Littler Mendelson, P.C. • May 25, 2020
On May 12, 2020, the IRS issued guidance temporarily suspending long-standing federal regulations that limit when an employee can make mid-year changes to employer-sponsored health coverage.

FFCRA FAQ: Must an Employee Enroll their Child in a Summer Program as a Precondition to Taking FFCRA Leave if the Program is Cancelled?

Littler Mendelson, P.C. • May 25, 2020
Are you working from home during the pandemic? Me, too.

COVID-19 Alert Digest 8 - FordHarrison

FordHarrison LLP • May 25, 2020
FordHarrison is closely monitoring the spread of Coronavirus and associated federal and state legislation and has implemented continuity plans, including the ability to work remotely in a technologically secure environment when necessary, to ensure continuity of our operations and uninterrupted service to our clients.

OSHA Revises Guidance For Recording Work-Related COVID-19 Cases

Nexsen Pruet • May 25, 2020
Under new OSHA guidance that goes into effect on May 26, 2020, employers covered by OSHA’s recordkeeping requirements must determine if an employee who contracts COVID-19 was infected while at work. According to the new guidance, a COVID-19 case is a recordable illness if these criteria are met:
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