In an opinion letter dated April 29, 2019, the U.S. Department of Labor (DOL) explained that some service providers working for a virtual marketplace company (VMC) are independent contractors under the Fair Labor Standards Act (FLSA). This opinion letter identifies the test the DOL is expected to use when considering the classification of workers
US Supreme Court Will Decide Whether Sexual Orientation and Transgender Employees Are Protected Under Title VII
The US Supreme Court recently announced it accepted three cases that will determine the scope of “sex” discrimination under federal law. Title VII of the Civil Rights Act of 1964, as amended, makes it unlawful for employers to discriminate against employees on the
The ABC’s of CBD
A majority of states now authorize the use of either medical or recreational marijuana, but it seems like CBD or cannabidiol is garnering as much attention as the stuff that actually causes the munchies. What is all the buzz about?
Trials of Massachusetts Company Building Keene Hotel Signals Warning to Businesses with Multi-State Workforces
On February 1, 2019 the Keene Sentinel reported that a Massachusetts construction company had been hit with more than $64,000 in fines after an audit conducted by the New Hampshire Department of Labor. Although the bulk of the fines were related to the misclassification of employees as independent contractors, there were also a number of recordkeeping violations found.
The Keene Sentinel article devotes significant attention to the problems of trying to classify individuals as independent contractors under NH state law, a very difficult burden to meet. The result of the audit and the fines imposed on the business, however, showcase how difficult it is for businesses who typically do not operate in a state to establish a workforce there and be in compliance with state laws.
NYC Mayor Proposes Mandatory Paid Vacation for Private-Sector Workers
New York City Mayor Bill de Blasio is proposing a measure, which, if passed, would make the Big Apple the first place in the nation to require private-sector employers to provide paid vacation to employees. The details of the plan have not yet been released, but the New York Times is reporting that the law would require private employers with five or more employees to provide at least two weeks of paid vacation. City Hall officials have estimated that approximately half a million NYC workers would benefit from the new law.
During Fight Over Funding for Border Security, E-Verify Closed for Business
The Department of Homeland Security (DHS), which oversees the E-Verify program, has announced that the website www.e-verify.gov will not be available to employers during the current partial government shutdown. The website will not be managed or updated until after funding is restored. DHS reported that “information on this website may not be up to date. Transactions submitted via this website might not be processed and we will not be able to respond to inquiries until after appropriations are enacted.”
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Proposed Legislation Would Prevent Employers From Firing Employees For Off-Duty Marijuana Use
With the first recreational marijuana retail shops now opening in locations throughout Massachusetts, one legislator is proposing protections for employees who choose to use the newly-legal drug on their own time. The Boston Globe is reporting that Jason Lewis, a state senator from Winchester, Massachusetts, is planning on introducing legislation in the new year that, if passed, would prevent most employers from terminating or disciplining employees for off-duty, legal use of marijuana.
Massachusetts Veterans Entitled to Time Off on Veterans Day
In July 2018, Governor Charlie Baker signed the BRAVE Act, a wide-ranging piece of legislation including a number of provisions aimed at increasing the support and services available to veterans and their families. Among other things, the act provides increased tax relief and access to educational programs and other resources to veterans. The BRAVE Act also updates state law with regard to the time off provided to veterans on Veterans Day and Memorial Day.
Time to Update Those Background Check Notices
The Consumer Financial Protection Bureau (“CFPB”) has issued a new notice to be issued to applicants and employees who will be subject to background checks. Employers should begin using the new notice, entitled “A Summary of Your Rights Under the Fair Credit Reporting Act” (“FCRA”) immediately.
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FLSA Experts, please help. Can a small biz have all exempt employees?
Perusing LinkedIn, as I often do over morning coffee, I saw this plea on one of the human resources groups I follow. Not having the time to read it carefully, I put it aside in my “fodder for future blog posts” folder. Like most of the people who responded quickly with advice for the human resource professional who sought help from her colleagues, my first thought was “big red flag.” How can a company operate with all leaders and no workers, with all executives and no support staff? The reality is that very few businesses of any size can realistically classify all of its workers as exempt.