Category Archives: Industry Update

The Return of Double Damages for FLSA Violations

The US Department of Labor (DOL) has announced it will once again seek “double damages” when it negotiates settlements with employers it believes have violated the law. When DOL investigators determine that an employer has violated the FLSA, they usually first try to reach a voluntary settlement with the employer. This generally involves paying back […]

Biden Raises Federal Contractors’ Minimum Wage

On April 27, 2021, President Biden signed an Executive Order (“Order”) that raises the minimum wage for employees of federal contractors and subcontractors who are working on, or in connection with, a federal government contract. The minimum wage will increase from $10.95 per hour to $15 per hour, effective January 1, 2022. The $15 minimum wage also […]

US DOL Releases Cybersecurity Guidance

On April 14, 2021, the U.S. Department of Labor (DOL) released guidance for the first time for plan sponsors, plan fiduciaries, recordkeepers and plan participants regulated by the Employee Retirement Income Security Act which addresses best practices for maintaining cybersecurity which includes: Tips for Hiring a Service Provider Cybersecurity Program Best Practices Online Security Tips Next Steps […]

OSHA Emergency Temporary Standards

Since the COVID-19 pandemic began in 2020, the Occupational Safety & Health Administration (OSHA) has fielded thousands of complaints related to employee safety in the workplace and the spread of the virus. Once President Biden took office, the administration issued Executive Order 13999, giving OSHA until March 15 to determine whether temporary emergency workplace safety standards […]

Update on the Tip Credit Final Rule

The U.S. Department of Labor (DOL) announced on April 29, 2021 a Final Rule (“Rule”) delaying portions of the 2020 Tip Final Rule until December 31, 2021. The DOL explained that this delay will provide the agency additional time to conduct another rulemaking to potentially revise that portion of the Rule addressing the application of tip credit […]

OSHA Issues FAQs on Vaccines and Recordkeeping Requirements

On April 20, 2021, the Occupational Safety and Health Administration (OSHA) released guidance in the form of three new FAQs for employers who recommend or require employees to receive COVID-19 vaccines. The new FAQs provide additional considerations for employers who are mandating employee vaccination. In short, if an employer requires employees to be vaccinated, adverse reactions to […]

Update on Federal Independent Contractor Rule

On May 5, the U.S. Department of Labor (DOL) announced the official withdrawal of the prior administration’s independent-contractor rule (announced on January 6, 2021), which would have eased the criteria for businesses to classify workers as independent contractors rather than employees. The Department is withdrawing the rule for several reasons, including: The independent contractor rule was in […]

EEOC Withdraws Proposed Wellness Incentive Limits

The U.S. Equal Employment Opportunity Commission (EEOC) has withdrawn two proposed new rules regarding what type of incentives employers can provide to their workforce as part of an employee wellness program without violating the Americans with Disabilities Act (ADA) or Genetic Information Nondiscrimination Act (GINA). On January 20, 2021, the White House issued a memorandum […]

Alabama Employee or Independent Contractor Determination

On April 19, 2021, Alabama Governor Kay Ivey signed legislation (HB 408) requiring employers to do both of the following to determine whether an individual is an employee or independent contractor for unemployment benefits and tax liability: Use the IRS 20 Factor Common Law Test; and Apply the Section 530 Safe Harbor Rule, which provides employers with […]

New York Passes HERO Act

On April 20, 2021, the New York Legislature passed the New York Health and Essential Rights Act or “HERO Act” (“Act”). The Act was signed by the Governor on May 5 and would generally take effect 30 days after the singing (June 4). However, the Governor’s approval came with an amendment to the Act which […]