The U.S. Department of Labor (DOL), Wage and Hour Division (WHD) issued an opinion letter on August 31, 2020 addressing whether the fluctuating workweek method of compensation may be used when an employee’s weekly hours fluctuate only above and not below 40 hours per week. The WHD concluded there is no requirement, under the FLSA or its interpreting regulations and guidance, that an employee’s hours worked fluctuate below 40 hours per week when utilizing the fluctuating workweek method for determining overtime compensation.
Archives for September 1, 2020
Indiana Holds at Stage 4.5 of Reopening Plan; Masks Still Required
Indiana Governor Eric Holcomb has announced that reopening will remain at Stage 4.5 through September 25, 2020.
Jennifer Nodes Discusses Impact of COVID-19 on Community Banks’ Benefits Plans
Jennifer Nodes discusses the employee benefits implications of the COVID-19 pandemic for community banks in “Will COVID-19 change workplace benefits forever?” published by the Independent Banker.
Spell Authors an Article on Wage and Hour Issues Caused by COVID-19
Maggie Spell, a partner in the Labor & Employment Practice Group in the New Orleans office, wrote the article “COVID-19 Crisis Stirs Up Lots of Wage and Hour Issues,” originally published in the Southeast Employment Law Letter and republished by HR Daily Advisor. Maggie identifies areas that need extra attention right now, such as changes in job duties and pay cuts, and how they tie into the anticipated litigation trends.
Maria Tavano Joins FordHarrison’s Berkeley Heights Office as Counsel
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce that Maria Tavano has joined the firm’s Berkeley Heights, New Jersey, office as counsel.
Treasury Department Issues Guidance on Payroll Tax Deferral
On August 28, 2020, the U.S.
More Guidance on COVID-19 Response Measures for FDA Regulated Human and Animal Food Operations
To help employers in regulated human and animal food operations navigate ongoing challenges from the coronavirus (“COVID-19”) pandemic, the U.S. Food and Drug Administration (“FDA”), Centers for Disease Control and Prevention (“CDC”), and Occupational Safety and Health Administration (“OSHA”) have joined in publishing the sixteen page “Employee Health and Food
USDOL Office of Inspector General Reports Rise in OSHA Whistleblower Claims During COVID-19 Pandemic
On August 14, 2020, the U.S. Department of Labor Office of Inspector General (“OIG”)—the Department’s watchdog—released a report finding that the COVID-19 global pandemic has significantly increased the number of whistleblower complaints received by the Occupational Safety and Health Administration (“OSHA”). OSHA’s Whistleblower Program enforces 23 statutes that prohibit employers
California Poised to Enact Law Requiring Compensation Data Collection
It appears that employers in the Golden State will be required, starting next year, to collect and submit worker compensation data to the state. Senate Bill 973 (SB 973) has cleared both houses of the state legislature, and Governor Gavin Newsom is expected to sign the bill into law.
Ninth Circuit Gives California Employers a Break in Defending Rest Period Claims
In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim for improper rest breaks under California law where the employer allegedly had a facially defective written
New Jersey High Court Updates State’s Arbitration Case Law to Reflect Modern Business Practice
For the second time in a little over one month, the Supreme Court of New Jersey has issued an employer-friendly ruling upholding the enforceability of arbitration agreements in the employment context.
Quest Diagnostics Study Finds 16-Year High in Positive Workplace Drug Test Results for 2019
According to a new Quest Diagnostics study, employers saw the highest rate of positive workforce drug test results since 2003. As expected, marijuana was the most detected drug, including in states where marijuana remains illegal. The study reported a surge in positive results in the Midwest for cocaine, methamphetamine and
Massachusetts Designates Juneteenth as a State Holiday
Christopher Kaczmarek and Stephen Melnick describe how the new holiday affects the state’s Blue Laws.
SHRM Online
IRS Notice on Presidential Order Deferring Payroll Tax Obligations Creates Additional Uncertainty
The Internal Revenue Service has issued Notice 2020-65 to provide guidance on the employment tax deferral that is the subject of President Donald Trump’s August 8, 2020, Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster.
Pursuant to the Notice, the due date for the withholding and payment of
Two Littler LLP Partners Named to 2021 Best Lawyers™ List
TORONTO (August 28, 2020) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that partners Barry Kuretzky and George Vassos have been included in the 15th edition of The Best Lawyers™ in Canada.
“We congratulate Barry and George on their recognition in Best