On August 31, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) released opinion letter FLSA2020-14.
Archives for September 2020
4 Tips for Better Workplace Investigations
There have been some big headline news stories recently about the humble job of an employee relations person. Did you miss them? You probably didn’t — -just didn’t think about how HR and employee relations plays a significant role and could have made a real difference, especially in one area:
Independent Contractor Issues in California: Summer 2020 Update
As the world focused its attention on the COVID-19 pandemic, other legal issues took a back seat. In California in the summer of 2020, however, the topic of whether a worker should be classified as an independent contractor or an employee has come to the fore. Several notable developments
Do Employers Still Need to Provide Time to Vote in California?
As safe in-person voting became an issue in other states, California Governor Gavin Newsom issued an executive order requiring each county’s election officials to send vote-by-mail ballots to registered voters for the November election. The Governor also issued an executive order requiring counties to provide early polling locations for at
Simple, Stringent, And Slow: New Reopening Plans for California
On August 28th, Governor Newsom announced new reopening plans for California in hopes of preventing another COVID-19 surge. The plan incorporates information learned over the past six months in addition to new scientific discoveries to create a system for reducing the transmission of COVID-19. It involves a four-tiered color system
San Mateo County Approves Supplemental Paid Sick Leave Ordinance to Assist Employees Impacted by COVID-19
On July 7, 2020, the San Mateo County Board of Supervisors adopted an emergency ordinance to establish supplemental paid sick leave for COVID-19 related reasons. The ordinance took effect on July 8, 2020, and will remain in effect through December 31, 2020. It applies only to unincorporated areas of San
HRW Elects Richard Loftus and Elizabeth Monnin-Browder to Partnership
BOSTON, MA – Hirsch Roberts Weinstein LLP is proud to announce that Richard Loftus and Elizabeth Monnin-Browder were elected to the partnership effective September 1, 2020.
Richard Loftus advises and represents his clients on an array of employment-related issues, including wage and hour disputes, employment discrimination cases, and restrictive covenants.
The “New” AB 5
California’s landmark independent contractor law, AB 5, has only been in effect for eight months. But in that time frame, the law remains controversial and makes headlines every week. The law presents compliance challenges for businesses in the Golden State, and things aren’t getting any easier.
Department of Labor Finds IRS Standard Mileage Reimbursement Rates Not Required For Delivery Drivers
On August 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter finding that employers of delivery drivers need not reimburse mileage at the IRS “standard” reimbursement rate.
Department of Labor Issues Wage and Hour Opinion Letter Regarding Permissible Use of the Fluctuating Workweek Method of Compensation
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.
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.
‘Do I Really Need This Much Office Space?’ Pandemic Emptied Buildings, But How Long?
As commercial real estate continues to lie vacant around the U.S., it may contribute to a vicious economic cycle that reshapes New York and other cities.