Monthly Archives: April 2023

Applies to:      All Employers with Tipped Employees Effective:        March 3, 2023 Quick Look The DOL revised two fact sheets addressing the 80/20 rule, tip credits, notice to tipped employees, tip pooling, and the prohibition on managers and supervisors receiving tips. In addition, the DOL updated its Field Operations Handbook to

Applies to:      All Employers Effective:      March 13, 2023 Quick Look Employees are protected from retaliation if they report or assist the IRS regarding the underpayment of taxes or potential violations of tax law including fraud. Discussion The U.S. Department of Labor (DOL) issued a final rule adopting final procedures and time

Applies to:      All Employers Effective:        February 17, 2023 Quick Look OSHA is implementing a pilot program to administratively close whistleblower complaints that are facially flawed or deficient. Closure of cases that are deficient will improve the backlog of cases that are pending investigation. Discussion The Occupational Safety and Health Administration

Applies to:      All Employers with Employees in ME, MA, NH, RI, and PR Effective:        March 22, 2023 Quick Look The FLSA 3-part test for the administrative exemption has an additional two-part analysis. The second part of the test requires looking at whether the individual’s primary duties relate to “running or

Applies to:      All Employers with Employees in CT, NY, and VT Effective:        March 13, 2023 Quick Look Without providing sufficient evidence, employees cannot avoid mandatory non-discrimination and harassment trainings on religious discrimination grounds. Discussion In Zdunski v. Erie 2-Chautauqua-Cattaraugus BOCES, the Second Circuit Court of Appeals said that failure to

Applies to:      All Employers with Employees in DE, NJ, PA, and the Virgin Islands Effective:        March 15, 2023 Quick Look Deductions from PTO banks are not salary deductions and do not result in the loss of the FLSA exempt status. Discussion In Higgins v. Bayada Home Health Care, the Third

Applies to:      All Employers with Employees in CA Effective:        March 17, 2023 Quick Look AB 5 codified the “ABC test” for independent contractor classifications, and AB 170 and AB 2257 excluded several positions as exempt from employee relationship status. The Ninth Circuit said that certain gig economy workers could continue

Applies to:      All Employers with Employees in CA Effective:        March 3, 2023 Quick Look The California Court of Appeal said a good faith belief supported by evidence that an employer complied with the law may provide a defense to additional penalties for willful and knowing and intentional wage and hour

Applies to:      All Employers with Employees in IL Effective:        February 17, 2023 Quick Look Employers using and collecting biometric information must obtain consent each time such information is collected and transmitted. Damages may be assessed for each violation per employee affected. Discussion In Cothron v. White Castle Systems, Inc., the

Applies to:      All Employers with Employees in KY Effective:        January 1, 2025 Quick Look Medicinal cannabis is legal for the treatment of certain qualifying medical conditions effective January 1, 2025. Employers are not required to permit or accommodate the use, consumption, possession, transfer, display, transportation, distribution, sale, or growing of