To a nation waiting for action, let me be clearest on this point: Help is on the way. Those were the words of President Biden in announcing the ordering of 200 million additional COVID-19 vaccine doses, a hike in the distribution of doses to states, and a promise that...
President Biden signed a flurry of executive orders on January 20, 2021, his first day in office, a number of which rescinded or revised the prior administration’s executive orders and policies with regard to equity in the workplace. Notably, Mr. Biden formally...
He’s not letting the grass grow under his feet. NOTE FROM ROBIN: When President Trump took office in 2016, I had a series of “Trumpdates,” in which I provided regular updates on appointments and other actions he was taking that would be of interest...
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...
