Independent Contractor Or Employee? AB 2257 Modifies AB 5, California’s Landmark Law Regarding Worker Classification
September 22, 2020
On September 4, 2020, California Governor Gavin Newsom signed Assembly Bill 2257, which significantly expands and modifies the list of occupations and industries exempt from the default “ABC Test” for determining a worker’s classification.
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Fluctuating Workweek Method for Paying Overtime – DOL Opines It Need Not Fluctuate Below 40 Hours Per Week
September 18, 2020
On August 31, 2020, the U.S. Department of Labor issued an opinion letter addressing whether employees’ hours must fluctuate above and below 40 hours per week to qualify for the fluctuating workweek method of calculating overtime pay.
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Key Changes to Hawaii Employment Laws
September 16, 2020
Our newsletter covers changes to Hawaii employment laws relating to sexual harassment and sexual assault nondisclosure agreements, Hawaii family leave law, and conviction checks.
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New York Court Vacates Portion of DOL’s Joint Employer Rule
September 10, 2020
On September 8, 2020, U.S. District Court Judge Gregory Woods of the Southern District of New York, issued a Memorandum Opinion and Order vacating various portions of the Department of Labor’s Final Rule regarding the definition of joint employment under the Fair Labor Standards Act.
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Treasury Department Provides Guidance on President Trump’s Deferral of Payroll Taxes
September 2, 2020
The U.S. Department of the Treasury issued, on August 28, a Notice concerning President Trump’s Presidential Memorandum concerning employers’ deferral of payroll taxes.
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Are There Triple Damages for Prevailing Wage Violations?
August 31, 2020
Most of you don’t have to worry about this question and its answer.  But those who work on government contracts—particularly public works projects—do.
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Employees May Be Prohibited From Linking to Company Website on Personal Blogs
August 30, 2020
The National Labor Relations Board held that a company’s policy prohibiting employees from linking to the company’s website on their personal blogs was lawful under the National Labor Relations Act.
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Politics in the Workplace: Productivity or Polarization?
August 27, 2020
In what appears to be our never-ending political season, employers should prepare for employee discussions during worktime related to political matters.
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NLRB Is Refusing to Bargain in Good Faith with Its Own Union?
August 27, 2020
The National Labor Relations Board is being accused of failing to bargain in good faith. By its own union!
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Flu Vaccine Considerations
August 27, 2020
As August comes to a close, many employers are anxious that with Fall will come flu season, placing employers in the position of battling staffing challenges and employee health issues from two dueling infections.
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EEOC Says Employees in Opioid Treatment Are Protected by the ADA
August 12, 2020
On August 5, 2020, the EEOC released technical assistance documents for employees and health care providers on opioid addiction and employment.
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EEOC Looking to Increase Voluntary Resolutions
July 30, 2020
The Equal Employment Opportunity Commission (EEOC) announced earlier this month that it had implemented two six-month pilot programs expanding opportunities for parties to resolve charges through mediation and increasing the effectiveness of its conciliation process.
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Tweets Follow

May 06

Oregon: OR-OSHA Issues New Permanent Rules for All Workplaces During COVID-19

May 05

Ontario has Introduced Three Days of Employer-Paid (WSIB-Reimbursed) COVID Sick Leave

May 03

The CDC’s Revised Rules for the Fully Vaccinated: What This Means for Employers