Last month, the State of New York passed legislation which permits New York employees up to four hours of paid leave to receive a COVID-19 vaccination. While this new legislation became effective immediately upon passing on March 12, 2021, employers were left with many questions regarding their obligations under the law. In an effort to resolve some of these questions, the New York Department of Labor issued guidance in the form of FAQs to provide clarification for employers.
Continue Reading NY DOL Releases Guidance on COVID-19 Vaccination Leave

Previously, we wrote about a final rule issued by the Department of Labor (DOL) during the last days of the Trump administration addressing the appropriate test for classifying independent contractors under the FLSA. We noted that the future of the rule was in question because it was not set to go into effect until March 8, 2021. This delayed implementation provided an opportunity for the incoming Biden administration to freeze or withdraw the rule.
Continue Reading DOL Freezes Rule on Independent Contractor Classification Test under the FLSA and Withdraws Several Opinion Letters

In the last weeks of the Trump Administration, the Department of Labor published its final rule for determining whether an individual is an employee or independent contractor under the Fair Labor Standards Act. The distinction between an employee and independent contractor is of critical importance because independent contractors are not entitled to the benefits of the FLSA, namely minimum wage and overtime.
Continue Reading DOL Issues Final Rule on Independent Contractor Classification Test under the FLSA

Given the pervasiveness of social media in society, the National Labor Relations Board has been forced to frequently weigh in on the intersection between employee and employer’s social media activity and labor law. The Board has released a great catalog of cases over the past decade touching on issues related to the workplace and social media—these issues range from what social media policies and employer may enact to what discipline an employer may impose for an employee’s social media conduct.
Continue Reading NLRB Finds Executive’s Joking Tweet Violated Federal Labor Law

The Equal Employment Opportunity Commission regularly releases guidance and advice to employers to aid in compliance with applicable workplace discrimination laws. For example, over the course of the COVID-19 pandemic, the EEOC has frequently issued and updated guidance on how employers can strike the difficult balance between workplace safety and compliance with the Americans with Disabilities Act.
Continue Reading EEOC Issues Final Rule on Guidance Procedures

Over the past 40 years, the National Labor Relations Board has grappled with the appropriate balance between an employer’s right to discipline an employee for abusive behavior and an employee’s right to engage in Section 7 activity. Much to the dismay of employers, this balancing act has historically tipped heavily in favor of protecting an employee’s right to engage in Section 7 activity at the expense of an employer’s right to discipline its employees for conduct such as using racial slurs while picketing, engaging in sexist behavior, or yelling obscenities at a supervisor while discussing wages.
Continue Reading NLRB Loosens Restrictions on Employee Discipline for Abusive Conduct and Speech

The U.S. District Court for the District of Columbia has issued its third, and presumably final, decision in the lawsuit challenging the National Labor Relations Board’s new election rules. In the latest order, the Court granted summary judgement in favor of the NLRB on the remaining counts of the complaint.
Continue Reading NLRB Prevails in Remaining Challenges to Election Regulations

Throughout the COVID-19 pandemic, the EEOC has periodically released updates to its Technical Assistance Questions and Answers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.,” These questions and answers have provided employers with much needed guidance on the EEOC’s position on how employers can ensure the safety of their employees while at the same time not running afoul of the ADA.
Continue Reading EEOC Releases New Guidance to Employers on Returning Employees to Work and ADA Compliance

Thanks to a recent bill signed by Governor Andrew Cuomo on February 6, 2020, striking employees in the State of New York must now only wait fourteen days until they are eligible to receive unemployment benefits. Senate Bill 7310 amends New York Labor Law § 592, reducing the waiting period for unemployment benefit eligibility for striking employees from seven weeks to two weeks.
Continue Reading Recently Passed New York State Law Reduces Waiting Period for Strikers to Receive Unemployment Benefits

In an effort to prevent the spread of Covid-19, many employers are permitting, and in some cases requiring, employees to work from home. One unforeseen consequence of requiring employees to work from home is some jurisdictions mandate that employers reimburse their employees for certain expenses incurred as a result of their employment. Accordingly, employers may be required to reimburse employees for reasonable expenses they incur for equipment and services necessary to work from home, such as cell phone, internet, and computer usage expenses.
Continue Reading Employers Must Consider Expense Reimbursement for Employees Working at Home Because of COVID-19