Employers often offer bonuses that are conditional on the employee’s fulfillment of certain requirements, including continued employment on the payout date. When an employee fails to fulfill the required condition, the employer may want the employee to forfeit the right to any portion of the bonus. Whether an employer can require employees to forfeit their …read more »
Don’t Forget About the Obligations Surrounding Virtual I-9 Verification
On April 25, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a six-month extension until October 31, 2022, of the policy allowing remote or virtual verification of the documentation required for a Form I-9 when an employee is working remotely. And while many employers relied heavily on this …read more »
The Fifth Circuit Clarifies the Limited Circumstances in Which an Employee Paid on a Day-Rate Basis May Be Exempt from Overtime Pay
In May, we advised employers that the en banc Fifth Circuit was considering the hotly contested issue of whether a flat day rate can be the equivalent of a weekly salary for purposes of meeting the Fair Labor Standards Act’s (“FLSA”) salary basis requirement to be exempt from overtime. Last month, the Court issued its …read more »
Independent Contractor or Employee: What’s the Rule?
Earlier this month, the Department of Labor (“DOL”) repealed its independent contractor rule, promulgated under the Trump administration, on whether to classify a worker as an independent contractor or employee entitled to minimum wage and overtime under the Fair Labor Standards Act. The rule was favorable for employers because it streamlined the independent contractor analysis …read more »
Developments in Harassment Law that Employers Need to Know About
While the #MeToo movement does not garner the same media attention that it did at its height, harassment law has continued to evolve and employers must keep abreast of the current state of the law. The following provides a brief summary of the nationwide trends in harassment law. Lowering the Liability Bar The most significant …read more »
The Fifth Circuit Reminds Employers of When Travel Time is Compensable and the Importance of Accurate Time Records
Earlier this month, in United States Dep’t of Labor v. Five Star Automatic Fire Prot., L.L.C., the Fifth Circuit Court of Appeals affirmed a Western District of Texas decision in which the court determined that the time the plaintiffs were required to spend driving from the employer’s maintenance yard to the job site was compensable. …read more »
2020 Brings More Paid Medical and Family Leave Expansions
In this month’s election, Colorado voters passed Proposition 118, approving the Paid Medical and Family Leave Initiative (PMFLI). The following article discusses Colorado’s PMFLI and identifies additional states following this trend. As of January 1, 2024, certain Colorado employees will be entitled to take 12 weeks of paid family and medical leave and an additional …read more »
EEOC Requests for Documents and Subpoenas: How Much is Too Much to Turn Over?
In light of COVID-19 era mass layoffs and furloughs, many employers are faced with an uptick in Equal Employment Opportunity Commission (“EEOC”) investigations and charges of unlawful conduct. One facet of an EEOC investigation is a request for information and documents, which the EEOC may follow with an administrative subpoena for information and documents. The …read more »
2020 Brings Expansions of Religious Beliefs and Moral Convictions Exemptions Available to Employers
The Supreme Court’s recent Little Sisters opinion upheld employers’ rights to decline to provide contraceptive coverage due to a sincerely held religious belief or moral conviction. In light of the Supreme Court’s recent expansion of Title VII protections to include sexual orientation and gender identity, the courts might recognize the same reasoning in the context …read more »
Before Implementing a Layoff, Consider an Unemployment Workshare Program
As employers begin to plan for their employees’ return to work, many are unable to maintain the size of their workforces in light of the ongoing economic downturn. As they plan for layoffs or long-term furloughs, employers should also be aware of the possibility of an unemployment workshare program. The main difference between a layoff …read more »