Display Federal and State Postings

Periodically, our friends at SESCO Management remind us of some important requirements with which as employers, we are required to comply. In that vein, if an employer has less than 50 employees, they are required to post these 5 federal notices: Fair Labor Standards Act, Employee Polygraph Protection Act, Equal Employment Opportunity, Uniformed Services Employment…

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Court Rejects Joint-Employer Delay

The U.S. Court of Appeals for the 2nd Circuit denied a request by the Department of Labor under President Biden to delay for 6 months, the filing of a DOL brief seeking to overturn the Trump administration rule on the joint employer issue. In the wake of the decision, DOL must still file its brief…

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DOL Delays New Tip Pooling Rule

Call it the “Final Rule” that isn’t, as the Department of Labor has now delayed the implementation of its Final Rule on tip pooling under the Fair Labor Standards Act (FLSA). The Tip Regulations Final Rule was just finalized in late December and was set to become effective on March 1, 2021. However, in one…

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DOL Revises FFCRA Regulations, Again

Last Friday, the US Department of Labor (DOL) issued revised regulations for the implementation of the Families First Coronavirus Response Act (FFCRA). If I’m not mistaken, that would make at least a couple of times that the agency has issued new or updated FFCRA regulations. The FFCRA was first enacted back on March 18 and…

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Court Strikes Several DOL Rules on FFCRA

With the DC focus on the next iteration of COVID-19 legislative relief, one could easily forget the earlier economic stimulus laws and their implementation, but the courts this week kept the Families First Coronavirus Response Act (FFCRA) in the forefront.  The FFCRA made as many as 61 million workers eligible for paid sick leave and…

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DOL Revises FFCRA Regulations

The Department of Labor (DOL) has published revisions to its regulations on the Families First Coronavirus Response Act (FFCRA), Phase II of the COVID-19 economic recovery legislation. As revised, the regulations allow employers to require employees to use employer-provided paid leave (paid time off, vacation, etc.) and expanded family and medical leave concurrently, except in…

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DOL Releases FFCRA Recordkeeping Rule

As you will recall, the PPP is a major part of the CARES Act (Coronavirus Aid, Relief and Economic Recovery Act) which was Phase 3 of the federal legislative response to the COVID-19 pandemic. It was preceded by the Families First Coronavirus Relief Act (FFCRA), which provided paid sick leave nationally through the end of…

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DOL Extends Two Comment Periods

The U.S. Department of Labor (DOL) this past week extended the comment period on proposed regulations for a new joint employer standard and for the definition of “regular rate” of pay, on which overtime pay calculations are based. Notices of Proposed Rulemaking (NPRM) were published on March 29 and April 9 respectively, with final comments…

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DOL Warning On Leave Designation

The US Department of Labor (DOL) issued a new Opinion Letter last week prohibiting employers from delaying the designation of Family & Medical Leave. Citing the FMLA, the DOL letter states that when an eligible employee communicates a need for leave for an FMLA-qualified reason, neither the employee nor the employer may decline FMLA protection.…

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DOL Rule Still Just A Promise

On another front in the ongoing joint employer battle, the clarification promised by the Department of Labor in the form of a new rulemaking defining joint employer under the provisions of the Fair Labor Standards Act (FLSA) has yet to be completed. The DOL had proposed that such a rule would be written and circulated…

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