By

Nick Golding
On December 29, the Department of Labor (“DOL”) published two new Field Assistance Bulletins (“FABS”) addressing issues related to the ongoing COVID-19 pandemic.  FAB 2020-7 addresses electronic notice postings requirements under federal labor laws.  FAB 2020-8 in turn clarifies how telemedicine visits may qualify for FMLA leave.  These new guidelines are discussed in detail below. ...
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DOL issues final regulation implementing guidelines for taking coronavirus-related EPSL and FMLA+ benefits as laid out in the FFCRA.
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Employers considering taking out a loan under CARES Act legislation should weigh the potential drawbacks and proceed with caution in determining whether to proceed.
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Employers facing the difficult decision of reducing hours and laying off employees due to the COVID-19 coronavirus epidemic must ensure they are following the Worker Adjustment and Retraining Notification (“WARN”) Act when taking such actions.
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On August 29, the National Labor Relations Board issued its decision Velox Express, Inc., 368 NLRB No. 61.  Reversing course from the Obama-era, a Board majority held 3-1 that employers who misclassify their workers as independent contractors instead of employees do not violate the National Labor Relations Act (“Act”). Deciding in favor of employers, the...
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  The United States Supreme Court announced on April 22, 2019, that it will consider a trio of cases relating to whether LGBT employees are protected under federal workplace discrimination laws.  Two of these cases will determine whether gay, lesbian, or bisexual employees are protected under Title VII of the Civil Rights Act, which prohibits...
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The Department of Labor today unveiled new proposed changes to overtime pay requirements.  The proposal, if adopted, will automatically allow workers who make less than $35,308 annually to be eligible for time-and-a-half pay for all hours worked above 40 a week.  The current income threshold for employees to qualify for time-and-a-half pay is $24,000 per...
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The Illinois Supreme Court recently issued its controversial opinion in Rosenbach v. Six Flags, holding that a person is not required to allege or suffer an actual injury under the state’s Biometric Information Privacy Act (“BIPA”) in order to recover under the Act.  Illinois adopted BIPA in 2008, which regulates the collection and use of...
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The National Labor Relations Board (“Board”) announced today that it is overturning a controversial Obama-era decision and returning to its previous independent contractor standard. In SuperShuttle DFW, Inc., the Board ruled against shuttle van drivers’ attempts to unionize at Dallas-Fort Worth airport.  The Board analyzed factors such as ownership of vehicles, method of compensation, and...
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On September 14, the National Labor Relations Board (“Board”) issued a proposed new joint-employer rule. The proposed rule walks back the expanded scope of the Obama-era Board’s 2015 Browning-Ferris decision, which held that an employer’s potential or indirect control over a separate employer’s employees could establish joint-employer status. The Browning-Ferris decision ignored decades of Board...
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