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Have You Gone Far Enough With a Coronavirus Crisis Management Plan?

Ogletree Deakins • February 25, 2020
It appears that we are in “hurry up and wait” mode. We know that COVID-19 (i.e., the 2019 Novel Coronavirus) has been diagnosed among individuals in the United States, and, reportedly, has been contained. We also know that upon diagnoses in South Korea and Italy, the virus began to spread rapidly.

Highlights from the OFCCP and NILG Compensation Roundtable

Jackson Lewis P.C. • February 25, 2020
On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C. Director Leen introduced the program by emphasizing the need for advancement of females to higher level management positions, the right to parental leave for both men and women, and his continuing commitment to advancing his administration’s agenda.

2019 Wage & Hour Developments: A Year in Review

Jackson Lewis P.C. • February 25, 2020
Federal and state laws regulating the payment of wages continue to develop at a rapid pace. States continue to increase their minimum wage, despite the federal minimum wage remaining stagnant at $7.25 per hour since 2009.

Dear Littler: What to Do When an Employee Threatens Suicide?

Littler Mendelson, P.C. • February 25, 2020
Dear Littler: One of our employees told a coworker that she is very depressed and contemplating suicide. The coworker feels this is a serious, and potentially imminent, situation and immediately reported her concerns to us. What should we do to help our employee get the help she needs, and ensure we are meeting any duties we might have as her employer?

NLRB Joint-Employer Rule Restores “Substantial Direct and Immediate Control” Test

Littler Mendelson, P.C. • February 25, 2020
On February 25, 2020, the National Labor Relations Board released its long-awaited final rule regarding joint-employer status under the National Labor Relations Act (NLRA). The final rule is scheduled to be published in the Federal Register on February 26, 2020, and will become effective April 27, 2020.

Fifth Circuit Provides Positive Guidance on Independent Contractor Classification

FordHarrison LLP • February 25, 2020
Executive Summary: Applying the “economic realities” test, the Fifth Circuit (with jurisdiction over federal courts in Louisiana, Mississippi, and Texas) recently held that a consultant for an oil and gas company was not subject to FLSA overtime requirements because he was an independent contractor.

Is “Cannabis User” the Next Protected Class in California?

Jackson Lewis P.C. • February 24, 2020
Years after California legalized recreational use of cannabis, employers continue to struggle with determining their rights and liabilities regarding employees who engage in that activity.

New Jersey Labor Department Issues Companies Stop-Work Orders for Wage Violations

Jackson Lewis P.C. • February 24, 2020
The New Jersey Department of Labor and Workforce Development (NJDLWD) has announced it has issued two stop-work orders related to alleged violations of state wage laws.

Treble Ahead? SJC Opinion Offers Damages Caution for Massachusetts Employers With Commissioned Employees

Ogletree Deakins • February 24, 2020
On February 12, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an opinion with significant implications for Massachusetts employers with commissioned employees. In Parker v. EnerNOC, Inc. (SJC-12703), the SJC held that (1) unpaid commissions lost as a result of retaliation are subject to trebling under the Massachusetts Payment of Wages Act (Wage Act); and (2) an employer cannot rely on a requirement of continuous employment as a contingency to pay commissions due, at least when the employer itself creates circumstances that prevent the employee from meeting the continued employment contingency.
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