A federal district court in New York has struck down a significant portion of the recently promulgated Final Rule issued by the U.S. Department of Labor (DOL) regarding the standard for establishing joint-employer liability under the Fair Labor Standards Act (FLSA). State of New York v. Scalia, 2020 U.S. Dist. LEXIS 163498 (S.D.N.Y. Sept. 8, 2020).
Archives for September 15, 2020
Oregon: New EEO Policy, Disclosure Requirements Take Effect October 1, 2020
Two important provisions of the Workplace Fairness Act (WFA), which limits employers’ use of nondisclosure and nondisparagement to prevent a current or prospective employee from discussing employment discrimination or sexual assault, requires all employers to have an anti-discrimination policy with certain disclosures in place, and increases the statute of limitations to file a discrimination complaint from one to five years, will take effect on October 1, 2020.
Ohio Halts COVID-19 Litigation, Providing Civil Immunity for Healthcare, Businesses, and Others
Ohio Governor Mike DeWine has signed a bill granting civil immunity from certain COVID-19-related civil actions for healthcare providers, businesses, schools, individuals, and other entities.
Jeffrey Brecher Discusses FLSA Implications of DOL Expense Guidance
Jeffrey Brecher discusses the implications of the Department of Labor’s recent guidance regarding the reimbursement of workers’ expenses in relation to recent litigation associated with the Fair Labor Standards Act in “3 Key Takeaways From Labor Dept.’s New Expense Guidance,” published by Law360.
Patricia Anderson Pryor Authors “DOL Strikes Back: FFCRA Temporary Rule Is Revised”
Patricia Anderson Pryor authors “DOL Strikes Back: FFCRA Temporary Rule Is Revised,” published by SHRM.
DOL Issues New Rule to Address Recent Court Decision on Certain FFCRA Provisions
On September 11, 2020, the U.S. Department of Labor (DOL) announced a new temporary rule revising the DOL’s regulations on the Families First Coronavirus Response Act (FFCRA).
State Department Guidance on DV Issuance Priorities Falls Short
Judge Amit Mehta in Gomez v. Trump ordered the Department of State (DOS) to make good faith efforts to “expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications” and issue visas to those eligible by September 30, 2020 – the deadline for the Diversity Visa program.
In response, DOS has
Remote Work Expenses and Employer Reimbursement Requirements
With the pandemic continuing, many offices remain closed and many employees are performing their job duties remotely from home. This had led many employers reasonably to ask, “what types of expenses are we required to pay for?” Unfortunately, the law is very unclear
New regulations in Mexico shine spotlight on employee well-being
Mónica Schiaffino describes Littler’s online tool that facilities compliance.
Latin Lawyer
The Meaning of “Similarly Situated” Is Teed up for SCOTUS
The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a petition for certiorari of a decision by the U.S. Court of
Families First Coronavirus Response Act: DOL Gets Back on the Rail
On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New York in which the court—stating that the DOL had “jumped the