Third party employers of home companionship or care workers may soon be required to pay those workers overtime pay under the federal Fair Labor Standards Act (FLSA). Last week, the United States Court of Appeals for the District of Columbia Circuit issued a ruling upholding the U.S. Department of Labor’s (“DOL”) Final Rule on the Application of the Fair Labor Standards Act to Domestic Service (the “Final Rule”). As a result, domestic service workers employed by third parties may soon be subject to FLSA overtime pay requirements.
Thursday, August 27, 2015
Thursday, August 20, 2015
Like most law firms, we interview current law students in the fall to identify those we will invite to work with us the following summer. Those who join us are “summer associates,” and we have just bid adieu to a terrific group from this summer. Summer associates who accept offers from the firm for attorney positions will rejoin us after they complete their last year of law school and take that little test called the bar exam.
Wednesday, August 12, 2015
Continuing his “pen and phone” approach to effecting change, The New York Times announced last week that President Obama is considering using his executive authority to mandate paid sick days for federal government contractors and subcontractors.
Wednesday, August 5, 2015
The EEOC’s current strategic plan includes, as an enforcement priority, a focus on the employment rights of lesbian, gay, bisexual and transgender (“LGBT”) individuals. On the heels of prior EEOC rulings and lawsuits aimed at expanding LGBT workplace protections, the EEOC recently issued a lengthy opinion on July 16, 2015, in which it concluded that Title VII prohibits sexual orientation discrimination. While the decision involved a federal government employer, the ruling has practical implications for private employers that are required to comply with Title VII. The decision is significant because, while same-sex marriage is now legal following a recent U.S. Supreme Court decision, there is no federal law that expressly prohibits discrimination on basis of sexual orientation in other contexts such as employment, housing, or lending.
Thursday, July 30, 2015
It’s that time of year again. On Saturday, August 1, 2015, Minnesota’s minimum wage will increase once more to $9 per hour for large employers. Minnesota’s minimum wage statute was changed significantly in 2014 – resulting in new definitions of large and small employers, higher and changing minimum wage rates over time, and indexing to inflation. Employers should ensure that they are prepared for the changes to come.
Thursday, July 23, 2015
There’s only a few more sleeps ahead of us before the Americans with Disabilities Act (ADA) turns 25 years old. The law was signed by President George H.W. Bush on July 26, 1990. If you want to take a trip down memory lane, you can find a video of the President’s signing ceremony here. As the ADA’s historic moment approaches, you can also watch for one of the various celebration events going on around the country and track the ADA Legacy Bus as it nears the completion of its year-long celebration and awareness tour.
Thursday, July 16, 2015
DOL ISSUES GUIDANCE ON INDEPENDENT CONTRACTOR CLASSIFICATION; SAYS “MOST WORKERS ARE EMPLOYEES UNDER THE FLSA”
The U.S. Department of Labor (DOL) yesterday issued Administrator’s Interpretation 2015-1, providing guidance on the classification of employees and independent contractors. The DOL identifies the misclassification of employees as independent contractors as a high priority enforcement issue, labeling it “one of the most serious problems facing affected workers, employers, and the entire economy.” The DOL’s guidance is intended to help employers in classifying workers and to curtail misclassification.