Monthly Archives: February 2021

Applies to:          All Employers Effective:            December 23, 2020 The U.S. Department of Labor (DOL) issued a Field Assistance Bulletin that provides guidance for when employers may electronically post or deliver certain required notices to employees under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), Section 14(c) of the FLSA (Section

Applies to:          All Employers Effective:            Delayed On January 7, 2021, the U.S. Department of Labor (DOL) published a final rule clarifying independent contractor relationships. Specifically, the rule reaffirms using the “economic reality” test to determine whether an individual is in business for themselves (independent contractor) or is economically dependent on a potential employer for work.

Applies to:          All Employers Effective:            Delayed In the Consolidated Appropriations Act of 2018, Congress amended section 3(m) of the Fair Labor Standards Act (FLSA) to prohibit employers from keeping tips received by their employees, regardless of whether the employers take a tip credit under section 3(m). The U.S. Department of Labor (DOL) recently issued a

Applies to:          All Employers Effective:            As Indicated The U.S. Department of Labor (DOL) issued a flurry of opinion letters at the end of the last administration. Some still stand and some were withdrawn. Here is a summary of some of the key opinions. DEC 31, 2020 | FLSA2020-19. Employers are not required to pay for

Applies to:          All Employers Effective:            As Indicated The U.S. Equal Employment Opportunity Commission (EEOC) has already been making changes in 2021 to ICHRA contributions, its conciliation process, severance agreement rules, and religious anti-discrimination compliance. The following highlights key points. JAN 7, 2021 | ICHRA Contributions Based on Age. Individual Coverage Health Reimbursement Arrangements (ICHRA) are

Applies to:          All Employers with H1-B Visa Employees Effective:            December 31, 2021 For employers hoping to hire foreign nationals for specialty occupations, the process for a worker to obtain an H1-B visa can be quite a journey. This year, the USCIS published a new regulation changing the former “lottery” system awarding H1-B visas

Applies to:          All Employers Effective Date:   December 23, 2020 The Criminal Anti-Retaliation Act of 2019 (the “Act”) prohibits employers from taking adverse actions in retaliation against individuals who report criminal antitrust violations to their employers or the federal government, and also protects individuals who participate in a federal investigation or proceeding related to

Applies to:          All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Mariana Islands Employees Effective:            February 8, 2021 In Clark v. AMN Services, the Ninth Circuit Court of Appeal stated that certain per diem benefits were not true business expenses and should be included in the calculation of employees’ regular

Applies to:          All Employers with CA Employees Effective:            January 14, 2021 In Vazquez v. Jan-Pro Franchising International Inc., the California Supreme Court said that the ABC independent contractor test originally set forth in Dynamex is retroactive. Specifically, the Court stated that the decision did not change any “settled rule” about what independent contractor test applied to California’s

Applies to:          All Employers with CA Employees Effective:            January 26, 2021 The California Department of Industrial Relations (DIR) recently issued an FAQ with updates clarifying the Cal/OSHA Emergency Temporary Standard (ETS). The following is a summary of some of the key points. Enforcement – The DIR acknowledged that the ETS was implemented quickly, giving employers