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.
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. On March 7th, 2019, the Department of Labor issued a Notice of Proposed Rulemaking that will change those eligibility standards significantly.
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.
The #MeToo movement is proving how social media affects the workplace, in this case the culture. While some commentary is concerned with the validity of claims or support of victims, there is no question that it has significantly increased the pressure on employers to prevent sexual harassment in the workplace. Many employers have responded by increasing workplace training and updating their employment policies.
Developments over the last few years in federal labor law have generated a lot of discussion and analysis. Regulations and decisions affecting joint employer liability and the definition of employees at the federal level obviously draw the attention of employers. Its easy to overlook though that each state is often free to establish their own standards and tests for determining these questions; those standards may sometimes conflict with federal law.
The classification of workers as independent contractors or employees continues to draw aggressive state action. These classifications can significantly impact a host of employment-related areas, but the reason why states involve themselves so much in these determinations often center around taxation issues. To this end, New Jersey recently updated its regulations to make it significantly harder for companies seeking an exemption from unemployment taxes to classify their workers as independent contractors, and it will have a big impact on trucking companies.
The next step in the long running saga over the Browning Ferris rule has finally arrived. After the National Labor Relations Board issued its decision in Browning-Ferris in 2015, a wave of lawsuits, regulatory challenges, and attempted legislative overrides put the future of that decision into doubt. An overturning of the rule became a key focus of the new administration in charge at the National Labor Relations Board. The board even issued a decision that purported to overturn the rule only to have that decision retracted due to an ethics issue. Now, on September 13, 2018, the Board has issued a new proposed regulation that seek to overturn the Browning-Ferris decision.
Labor issues have been causing headaches in the trucking industry for a long time. The industry seems perpetually short of qualified drivers. Ensuring drivers stay compliant with applicable rules on driving times and record-keeping presents a different set of challenges. On top of that, some companies have caused problems by violating labor laws, refusing to pay labor judgments, and thus undercutting their competition.
As part of a widespread regulatory overhaul, the National Labor Relations Board recently issued new guidance on employee handbooks. The new handbook rules are considerably friendlier to employers than the old rules, and the NLRB has tried to provide employers with clear examples of how to remain in compliance with the new guidelines. The guidance results from a case decided by the NLRB in December 2017, The Boeing Company, which overturned a previous Bush II era case that imposed much stricter guidelines for acceptability when reviewing provisions of employee handbooks.