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By Lauren Daming, Katherine Fechte, Lauren Harris, Jill Luft on April 2, 2020 at 4:30 PM

New Rules signOn April 1, 2020, the Department of Labor released a temporary rule issuing regulations under the Families First Coronavirus Response Act (FFCRA) effective immediately through December 31, 2020. Employers who have been wrestling with compliance with the FFCRA’s paid leave provisions will recognize much of the material in these regulations from the DOL’s informal guidance or from the CARES Act’s amendments to the FFCRA*. The regulations also include some helpful clarification:

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By Katherine Fechte, Lauren Daming on January 22, 2020 at 10:15 AM

2020 review concept. Hand flip wood cube change year 2019 to 2020 and the word REVIEW on wooden block on wood tableThe theme for last year’s federal developments was reversal of Obama-era rules. The Department of Labor and National Labor Relations Board were especially active in this respect.

After a relatively quiet Supreme Court term for employment law in 2018-19, the stage is set for the court to rule in 2020 on highly anticipated topics. Below is a summary of major federal employment law headlines from last year and a look at what employers can expect in 2020.

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By Katherine Fechte, Lauren Daming on January 22, 2020 at 10:15 AM

Map showing Illinois and Missouri highlightedWhile Missouri employers saw few legislative updates that will affect the state of employment law in 2020, the Illinois legislature had a busy year. Below is a look at some of the legislative highlights of 2019 and how they might affect your business in 2020.

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By Katherine Fechte on August 26, 2019 at 1:45 PM

Blue binder that says "policies" on itCan employers violate employees’ rights by creating policies that prohibit certain hairstyles at work? New York City and California think so; and they likely won’t be the last jurisdictions with a say on the matter.

Just this year the New York City Commission on Human Rights issued guidelines saying that while employers can require that employees maintain a work-appropriate appearance, a grooming policy that prohibits locs, cornrows, fades, Afros, and other such hairstyles will be considered racial bias. Specifically, the guidelines state:

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By Katherine Fechte on March 8, 2019 at 2:20 PM

Clock with the shadow of a dollar sign, representing overtimeThe Department of Labor (DOL) issued its long-awaited proposed overtime rule and new exemption threshold under the Fair Labor Standards Act (FLSA) on March 7, 2019. The regulation, which replaces the controversial rule issued under the Obama administration in 2016, raises the salary threshold from the $23,660 minimum established in 2004 to $35,308, or $679 per week. As such, employees earning under $35,308 a year must be paid overtime for hours worked in excess of 40 each week. Above this salary level, eligibility for overtime varies based on job duties.

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By Katherine Fechte on March 1, 2019 at 4:10 PM

The Missouri Supreme Court held on Feb. 26, 2019, that under the Missouri Human Rights Act (MHRA), sex-based stereotypical attitudes can form the basis of a sex discrimination claim when the complaining party is homosexual. While finding sexual orientation is not protected under the MHRA, and standing alone, the characteristic of being lesbian, gay, or bisexual cannot sustain a sex stereotyping claim, the court’s holding does offer greater protections for LGBTQ employees in Missouri.

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By Katherine Fechte on January 28, 2019 at 1:10 PM

Employee versus independent contractor decision, with independent contractor checkedThe National Labor Relations Board (NLRB) on Jan. 25, 2019, overturned its 2014 ruling in FedEx Home Delivery and returned to its long-standing independent-contractor standard. In affirming its reliance on the traditional common-law employment classification test, the board clarified how entrepreneurial opportunity factors into its determination of independent-contractor status.

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By Katherine Fechte, Lauren Daming, Lauren Harris on January 18, 2019 at 10:10 AM

"2018" written out with wooden blocks with a person rotating the "8" to a "9"2018 was a relatively quiet year in federal employment law developments, but the stage is set for a much more active 2019. Below is a summary of major federal employment law headlines and a look at what employers can expect in 2019.

For Missouri and Illinois employers, a review of 2018 state updates and a look forward at 2019 can be found here.

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By Katherine Fechte, Lauren Daming, Lauren Harris on January 18, 2019 at 9:56 AM

Missouri & Illinois state capitals, side by side with the words "New laws Missouri and Illinois employers should know" overlayedEmployers in Missouri and Illinois saw the passage of several new employment-related laws in 2018. Below is a look at some legislative highlights of 2018 and how they might affect your business in 2019.

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By Katherine Fechte on November 12, 2018 at 3:50 PM

Restaurant bill with tip moneyOn Nov. 8, 2018, the Department of Labor (DOL) issued an Opinion Letter reviving its 2009 guidance that eliminated the 80/20 rule for tipped workers. The rule prohibited employers and businesses from paying tipped workers below the minimum wage by way of a tip credit for non-tipped work when such work comprised more than 20 percent of their day. Under the Obama administration, the 2009 Opinion Letter was withdrawn, which restored the 80/20 rule and sparked a flurry of lawsuits alleging that tipped workers spend more than 20 percent of their time performing non-tipped work for which they did not receive the minimum wage. After finding the rule was confusing and nearly unworkable, the DOL has done away with it once again.

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