Meredith S. Dante

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The latest episode of Business Better features a discussion about earned wage access programs. We’ll discuss why the push for on-demand payroll technology has picked-up during the COVID-19 pandemic and outline issues from an employer’s viewpoint as it relates to state wage & hour laws, liabilities, and potential lawsuits.

The discussion features Meredith Dante, a partner who regularly advises clients in a broad variety of employment law matters including whistleblower complaints and retaliation and James Kim, a partner in the firm’s Consumer Financial Practices Group and co-leader of the firm’s Fintech and Payments Team, who advises clients on earned wages access programs.… Continue Reading

Today, the U.S. Equal Employment Opportunity Commission (EEOC) substantially augmented its technical assistance questions and answers related to the COVID-19 pandemic, and the application of the Americans with Disabilities Act (ADA) and other federal equal employment opportunity laws. It also released a new document targeted at employees and job applicants that explains how federal anti-discrimination laws apply during the COVID-19 pandemic.… Continue Reading

The United States Department of Labor (DOL) Wage and Hour Division just launched a new initiative called “Essential Workers, Essential Protections” that provides workers with information about the wage and hour laws that apply to them, including instructions on how to contact the DOL with questions or complaints.

In conjunction with this new initiative, the DOL released a set of FAQs regarding pay, hours worked, and job-protected leave during the pandemic.… Continue Reading

The latest episode of Ballard Spahr’s Business Better Podcast features a discussion of the new whistleblower provisions in the Anti-Money Laundering Act of 2020. We’ll discuss the types of businesses covered, who can be a whistleblower under the Act, the increased incentives now provided, new protections against retaliation, the impact of a whistleblower being involved in the conduct, and practical advice for affected institutions.… Continue Reading

Last Thursday, Judge Anne Thompson found unconstitutional a portion of the New Jersey Law Against Discrimination (NJLAD). The ruling specifically addresses the provision in the NJLAD that was added in March 2019, discussed here, which, in effect, voided any employment contract that required an employee to waive his or her right to a jury and to arbitrate a claim of discrimination, retaliation or harassment.… Continue Reading

On March 11, 2021, President Biden signed the American Rescue Plan Act. At $1.9 trillion, it is the second largest stimulus bill in legislative history. The ARP includes labor-related spending initiatives important to both employers and employees.

Employers should particularly take heed of the increased funding to OSHA for enforcement actions, which could indicate a potential increase in the number of audits and inspections, as well as additional scrutiny of whistleblower claims.… Continue Reading

As previously reported here, President Biden directed the Small Business Administration (SBA) to impose an exclusive two-week window where only the smallest businesses – those with fewer than 20 employees and sole proprietors – can apply for Paycheck Protection Program (PPP) loans. He also instructed the SBA to change the loan calculations so certain small businesses could get bigger loan amounts, and ease certain eligibility restrictions.… Continue Reading

On February 28, 2021, an employee of a county detention center filed suit in federal court in New Mexico seeking an injunction to prevent the employee from being fired for refusing to get a COVID-19 vaccine on the basis that the vaccines have only been approved by the U.S. Food and Drug Administration (FDA) under an Emergency Use Authorization (EUA) and cannot be mandated by employers under the EUA law.… Continue Reading

On March 2, 2021, the United States Department of Labor (“DOL”) announced that it is officially delaying the effective date of the rule titled “Independent Contractor Status under the Fair Labor Standards Act.” The effective date for the rule has now been delayed 60 days from March 8, 2021, to May 7, 2021.… Continue Reading

On March 1, 2021 the Wolf administration announced statewide loosened event and gathering restrictions and lifted out-of-state travel restrictions. Governor Wolf stated in the press release “Pennsylvania is taking a measured approach to revising or lifting mitigation orders.” “The reason we are seeing cases drop can be attributed, in part, to people following the mitigation efforts we have in place.”… Continue Reading