Biz Help Gets Court OK on Joint Employer

A half-dozen business advocacy groups got the judicial OK this week to intervene in defending the Department of Labor (DOL) joint employer definition and the regulatory test pertaining thereto.  A federal judge sitting on the US District Court for the Southern District of New York granted the request of the US Chamber of Commerce, the…

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DOL Finalizes Rule on Flexible Workweek

There seems to be a steady stream of interim and final rules being promulgated by various agencies of the federal government recently and the Department of Labor joined the parade this week as well. DOL issued a final rule allowing employers to offer those workers with “flexible workweeks” bonuses and/or hazard pay without jeopardizing how…

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DOL, IRS Extend COBRA Deadlines

The US Department of Labor (DOL) and the Internal Revenue Service (IRS) earlier this month issued a Joint Rule extending certain time frames for group health plans and other welfare and pension plans. In accordance with this latest Rule, plans must disregard the period from March 1, 2020 until 60 days after the announced end…

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Miscellaneous

The Department of Labor reported yesterday that another 3.8 million new unemployment claims were filed last week, pushing the total for the last six weeks over the 30 million mark.  In the wake of the latest report out of DOL, the Congressional Budget Office has projected that the unemployment rate could reach as high as…

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Another 6.6 Million Unemployment Claims Filed

The news from the Department of Labor (DOL), was no better yesterday than it was the past two weeks as another 6.6 million Americans filed first time claims for unemployment insurance in the face of the ongoing coronavirus crisis. Last week’s total of 6,648,000 claims was adjusted upwards during the week by an increase of…

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DOL Issues New Guidance on FFCRA

The Families First Coronavirus Response Act (FFCRA) may only be one week old, but the Department of Labor has already issued a further guidance on the law that effectively changes some of the provisions of the statute. For openers, the latest DOL Guidance states that the law now takes effect on April 1st and that…

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Joint Employer Finalized, or Not!

It’s hard to fathom that the joint employer question/issue, first created under the Obama administration with the NLRB Browning-Ferris decision back in 2015, is still unresolved all these years later. As we advised last week, the NLRB and the Department of Labor have both issued a “final rule” re-establishing the historical definition of joint employer.…

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NLRB Finalizes Joint Employer Rule

Earlier this week, the National Labor Relations Board (NLRB) issued its final rule for determining joint-employer status under the National Labor Relations Act. The final rule reinstates the “direct and immediate control” standard, whereby a company must have substantial direct control over the essential terms and conditions of employment of another employer’s workers in order…

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Trump Budget Calls for Paid Family Leave

Following up on the call for it in his State of the Union address earlier this month, President Trump again pushed for paid family leave for all Americans with submission of his FY21 budget proposal to Congress. Trump has called for paid family leave in each of the past three years and has had senior…

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DOL Finalizes Joint Employer

Notwithstanding the above and possible re-opening of the issue, the U.S. Department of Labor (DOL) has released the final version of the long-awaited joint employer rule. The final rule now employs a four-part test to determine joint employer status that includes whether a franchise: 1) maintains power to hire and fire; 2) supervise schedules and…

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