Related to: DOL

New Proposed Rule for Classifying Employees and Independent Contractors under the FLSA

On October 13, 2022, the U.S. Department of Labor (the “DOL”) published a New Proposed Rule to assist employers in classifying workers as either employees or independent contractors under the Fair Labor Standards Act (the “FLSA”).  In a news release, the DOL states it believes the new proposed rule would preserve essential worker rights and…

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Janus v AFSCME

Fate of President Biden’s Shot-or-Test Mandate Rests with Supreme Court – Oral Argument Set for January 7, 2022

Covid-19 is a global pandemic and a societal health problem, not a workplace hazard.  This is the main argument advanced by a coalition of states and an alliance of business groups in their brief to the U.S. Supreme Court. Final briefs were filed on December 30, 2021 ahead of oral arguments set for January 7,…

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Supreme Court to Address President Biden’s Shot-or-Test Mandate In Early 2022

The U.S. Supreme Court likely will not address the Biden Administration’s vaccine and testing requirements until early January of 2022. Eight separate petitions were filed with the Supreme Court on Friday, after the 6th Circuit Court of Appeals lifted the stay on the shot-or-test mandate.  The Supreme Court asked the government to respond to these…

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New Deadlines for President Biden’s Shot-or-Test Mandate After 6 th Circuit Court of Appeals Lifts Stay

Employers with 100 or more employees will have until January 10, 2022 to comply with the Biden Administration’s vaccine and testing requirements.  OSHA will give companies until February 9, 2022 before issuing citations for violating the ETS provisions.  The enforcement grace period hinges on employers “exercising reasonable, good faith efforts to come into compliance with…

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EEOC Provides Updated Technical Guidance Addressing COVID-19 Vaccinations

Stay of President Biden’s Shot-or-Test Mandate Lifted by 6th Circuit Court of Appeals

Late Friday afternoon, the 6th Circuit Court of Appeals reinstated the Biden administration’s vaccine and testing requirement for private employers with 100 or more employees. On November 5, 2021, OSHA issued an Emergency Temporary Standard (ETS) for private employers with 100 or more employees.  Under the ETS, by January 4, 2022, all employees of said…

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403(b) Plan

DOL Issues Revised Regulations For Paid Leave Under the FFCRA

On Friday, September 11, 2020, the Department of Labor (DOL) released revised regulations for the Families First Coronavirus Response Act (FFCRA). These changes were in part a response to the federal lawsuit in the Southern District of New York that invalidated portions of the previous regulations as of August 3, 2020.   The DOL’s revised…

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403(b) Plan

New FMLA Forms Released

Today, the Department of Labor (DOL) announced the release of new optional forms for administering the federal Family and Medical Leave Act (FMLA). While the DOL’s specific forms are not required, they are widely used by employers to ensure compliance with the law. The new FMLA forms can be found here. According to the DOL,…

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Obama’s Overtime Rule Struck Down

On May 23, 2016, the Department of Labor issued new Fair Labor Standards Act regulations which required all employers subject to the Fair Labor Standards Act to pay their “white collar” employees at least $913 per week to remain exempt from overtime.  This would have more than doubled the current $455 per week salary threshold. …

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