On April 1, 2019, the Department of Labor proposed a new regulation, and it wasn’t an April Fool’s joke. The new regulation would seek to update the Department’s sixty year old test for determining joint employer relationships under the Fair Labor Standards Act. It is worth noting that this is different from the long running dispute over the joint employer test decided by the National Labor Relations Board as a part of its 2013 Browning-Ferris decision. This new rule would apply to allegations that employers had failed to pay their workers legally obligated wages under the Fair Labor Standards Act. Joint employers would be jointly and severely liable for any ordered back pay.
What duties does your business owe to the employee of a customer or vendor? This may not be a question many companies have considered. They have contractual relationships with their customers and vendors that spell out the duties each owes to the other. Furthermore, that contract may require that each party obtain workers compensation insurance specifically to recompense any employee injured on the job.
The Federal Motor Carrier Safety Administration uses Compliance Safety and Accountability scores to assess the safety of trucking companies and target the most at-risk companies for additional interventions. The CSA scores are composed of seven BASICs (Behavior Analysis and Safety Improvement Category) which attempt to use data available to the FMCSA to pinpoint trucking companies with inadequate safety procedures.
More and more companies are purchasing cyber insurance as the risks to the company’s businesses from the breach of their networks expand. More companies are also requiring that their vendors and contractors obtain cyber insurance to protect themselves from breaches caused by third parties. As the cyber insurance market place grows, it’s important for companies to know what they get with their cyber insurance policies to maximize the advantage of their purchase.
The Fair Labor Standards Act sets national standards for wage and hour issues related to employees. The law empowers the Department of Labor to set eligibility standards for overtime pay as well as a series of exemptions for it. Employees who qualify for overtime under the law receive time-and-a-half pay for hours worked more than forty hours a week. Time-and-a-half pay is a 50% increase to the employee’s “regular rate of pay.”
The increased ability to use biometric data for a variety of purposes has the potential to improve security and privacy in the cyber world significantly. Voice recognition software, fingerprint IDs, facial recognition software are all touted as ways of preventing unauthorized access to computer systems and improving security.
How much would it cost your business to shut down for a week? How much would it cost your business to shut down for a month? Employees unable to get work done, unable to complete sales orders or deliver products to your customers? For some businesses, the answer to that question can be in the millions.
The Americans with Disability Act generally forbids businesses from discriminating against people with disabilities. A key tenet of the law focuses on the concept of accessibility. People normally think of things like wheelchair ramps within this context, but the explosion of online commerce has opened up new concerns relating to the ADA and the ability of disabled people to access commercial sites.
A trend has existed in recent decades increasing the liability of corporate directors for their failures to adequately oversee the companies they are in charge of. Directors and Officers liability insurance policies were created to address this liability trend. Directors and Officers insurance, commonly referred to as D & O insurance, is normally purchased by the corporation and indemnifies the directors, officers, and executives of the corporation from lawsuits filed alleging they acted negligently in running the company. In this sense, D & O insurance functions like malpractice insurance for CEOs and Chairmen of the Board.
Trucking companies got terrible news from the Supreme Court recently on the employment practices front. The Court invalidated the use of mandatory arbitration and waiver of class action lawsuits in the trucking industry. The ruling came despite numerous rulings in recent years upholding the validity of these practices outside the trucking world and was rendered unanimously.