With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20. The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …
CORONAVIRUS (COVID-19) PRECAUTIONS FOR EMPLOYERS
It is now impossible to avoid the reality that the coronavirus disease 2019 (COVID-19, the “coronavirus”), is a “public health emergency of international concern,” according to the Centers for Disease Control and Prevention (“CDC”).[i] As of publication, the coronavirus is not spreading in the community in the United States.[ii] The CDC reports that the immediate …
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2020 HR Check List for Ontario Employers
Now that January is over and with it many of your New Year’s Resolutions, here is an HR Check List that employers should resolve to consider: Ontario employers are required by law to have the following workplace policies: an Accessibility Policy; a Pay Equity Plan (employers with 10 or more employees); a Workplace Health and …
The NLRB Returns to Pre-Obama-Era Board Standards in Two Significant Decisions
On December 16, 2019, the National Labor Relations Board (NLRB or Board) issued two significant decisions overruling Obama-era NLRB decisions. Both decisions were 3-1 with the three Republican appointees, Chairman Ring, Member Kaplan, and Member Emanuel joining in the majority, and the Democrat appointee, Member McFerran, writing a dissent. In Caesars Entertainment d/b/a/ Rio All-Suites …
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Employers Should Be Aware of Where They Advertise – Social Media Platforms are Being Scrutinized
The internet age has opened up seemingly countless digital platforms for employers and employees to use in seeking to fill, and applying for, open positions. Many employers use Indeed, Quikr, CareerBuilder, Glass Door, LinkedIn – the names are endless – to post jobs and look for employment candidates. Given the prevalence of such platforms, the …
Minimum Wage Set to Rise in 25 States and D.C. in 2020
As the New Year approaches, employers throughout the United States must prepare for new legislation taking effect that may impact their operations. One critical change that commonly occurs around the New Year is an increase to the minimum wage. On January 1, 2020 (or December 31, 2019), the minimum wage will rise in 21 states. …
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The Sixth Circuit Rules on What Constitutes “Similarly Situated”
On November 13, 2019, the United States Court of Appeals for the Sixth Circuit issued a recommended for full-text publication opinion that analyzed and decided the concept of what it means to be “similarly situated” in the context of proving a prima facie case of discrimination. In Johnson v. Ohio Department of Public Safety, the …
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Keepin’ It Real: Wage and Hour Issues in the Reality TV Industry
In September 2014, four reality TV participants on the show Texas Car Wars sued the network Megalomedia for violating the Fair Labor Standards Act (“FLSA”) alleging that Megalomedia did not pay them in full for their time on the show. According to the participants, film shoots regularly exceeded 40 hours per week and participants were …
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Federal Court Holds Cannabis Businesses are Subject to Federal Wage Laws
In Kenney v. Helix TCS, Inc. No. 18-1105 (10th Cir. Sept. 20, 2019), the 10th Circuit Court of Appeals held that employers in the cannabis industry must abide by the wage/hour requirements of the Fair Labor Standards Act (FLSA) despite that cannabis remains federally prohibited as a Schedule 1 controlled substance under the Controlled Substances …
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DOL Issues Final Overtime Rule Increasing the White-Collar Employee Salary Threshold. Employers Have Until January 1, 2020 to Change Payroll Practices.
30 FAQs about the New Rule The Department of Labor (“DOL”) unveiled the final version of its overtime exemption rule (the “Rule”), which sets the annual salary threshold for exempt employees to qualify for the Fair Labor Standards Act’s (“FLSA”) white-collar exemptions at $35,568 per year or $684 a week, an increase from the current …