Wage & Hour

Employers may be interested in requiring or incentivizing their workforces to get vaccinated against COVID-19 in order to help curb the potential spread of the virus in the workplace.  Before undertaking such a program, employers should stop and think about the legal considerations that will influence how such programs are structured.… Continue Reading

On January 26, 2021, the U.S. Department of Labor (DOL) suspended the Final Rule on tipped employees that it had issued on December 22, 2020. The Final Rule would have clarified tip-pooling for employees in the food service and hospitality industry, as well as how the tip credit applied to employees who perform both tipped and non-tipped duties.… Continue Reading

The DOL abruptly ended the Payroll Audit Independent Determination (PAID) program on January 29, 2021.  The program, which was adopted during the Trump administration, allowed employers to self-report FLSA violations before a complaint, pay back pay and avoid liquidated damages, penalties or fines.  Employees were prohibited from bringing private actions to recover additional damages for these violations. … Continue Reading

The DOL issued an opinion letter on January 19, 2021, finding a wider group of journalists and media personnel qualify for the creative professional exemption under the FLSA.  Traditionally, the DOL and courts found that exemptions under the FLSA should be narrowly construed.  In 2018, the United States Supreme Court upended that standard, finding that exemptions should be given a “fair reading.” … Continue Reading

When someone should be treated as an independent contractor has huge implications for companies under a variety of state and federal laws that have their own standards.  Unfortunately for employers, the DOL’s view of how the so-called economic reality test under tCathe FLSA should be interpreted is in flux, making compliance very challenging.… Continue Reading

Ballard Spahr Labor attorneys Meredith Dante, Steve Suflas, and Chris Kelly discuss what a Biden-Harris administration means for employers in the area of labor and employment law. The team discusses what they expect to see from a new administration regarding: potential changes to the National Labor Relations Act; the priorities of a new National Labor Relations Board; wage and hour impacts, and worker classification, at the federal level; and evolving equal employment opportunity, and equal pay, issues.… Continue Reading