President Joe Biden began his election campaign in a union hall in Pittsburgh and pledged on the eve of the election to be “the most pro-union president you’ve even seen.” As immediate evidence of his intent to make good on that pledge, it is being reported that one...
Today marks the one-year anniversary of the identification of the first COVID-19 case in the United States. On January 20, 2020, the State of Washington and the CDC confirmed that someone in Washington State had contracted the virus. Since then, 24,809,840 additional...
Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the Capitol were knowingly filmed as part of the...
Some Q and A. Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. This has been a longstanding area of...
As we turn the page to a new year, employers covered by FFCRA face a host of questions now that FFCRA is purely voluntary. For instance, employers are navigating questions such as: Should an employer voluntarily provide FFRCA leave to eligible employees now that leave...
by Mark A. Konkel, Janine Fletcher-Thomas & Tahir L. Boykins
Jan 13, 2021
The impact of the legal definition of “employee” versus “independent contractor” under the Fair Labor Standard Act (“FLSA”) and other employment laws cannot be understated. The FLSA’s minimum wage and overtime requirements—along with a vast array of other legal...
Under California law, an employee is exempt from California’s overtime requirements and other wage and hour laws if the person is employed in an administrative capacity. To meet this exemption, California’s wage orders and the California Labor Code provide that an...
The U.S. Department of Labor (DOL) issued two Fair Labor Standards Act (FLSA) opinion letters on December 31, 2020. One of those letters addresses travel time that occurs when employees schedule personal appointments during the workday and perform portions of their...
What’s wrong with this photo? I’ve never lived in Kansas. I’ve never worked in Kansas. I’ve never even been to Kansas. I never filed a claim for unemployment benefits with the State of Kansas. 1+2+3+4=unemployment fraud. I’ve been the...
On the heels of the FDA’s approval of the Pfizer and Moderna COVID-19 vaccines, the EEOC updated its Technical Assistance Q & A to help employers navigate the latest pandemic related challenges. The EEOC guidance can be found here. Below are highlights of the...
