As promised, today the U.S. Department of Labor (DOL) issued a proposed rule under the Fair Labor Standards Act (FLSA) on the misclassification of employees as independent contractors. The proposed rule would replace the Trump-era rule of 2021, which has made it easier for employers to classify workers as independent contractors rather than employees by…

To our dedicated followers, if you are keeping score, we last reported that the U.S. Supreme Court temporarily blocked the Emergency Temporary Standard dictating larger employers implement a vaccine or testing mandate in its decision on January 13, 2022. (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate).  OSHA announced today that it is…

OSHA Vaccine-or-Testing ETS On November 12, 2021, the Fifth Circuit Court of Appeals ordered that OSHA stay implementation and enforcement of its COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”), which requires private employers with 100+ employees to have vaccine-or-testing policies. The ETS is stayed until an appellate court further reviews the pending ETS to…

Still trying to figure out the newly issued large employer Emergency Temporary Standard (ETS) requiring COVID-19 vaccination or weekly testing issued last week? Well, a federal appeals court temporarily blocked its enforcement, at least in Mississippi, Texas, and Louisiana, causing many employers to ask “what next”? The Fifth U.S. Circuit Court of Appeals issued a…

The Mandates On September 9, 2021, the Biden administration instructed OSHA to develop an Emergency Temporary Standard (ETS) requiring employers who are subject to OSHA regulations, with more than 100 workers, to either mandate vaccination that employees receive the COVID-19 vaccination or be subjected to weekly testing for the virus. The administration has also mandated…

Did you know . . . There have been several recent employment law developments on the federal level. On June 10, 2021, the Occupational Health and Safety Administration (OSHA) issued revised guidance to employers related to minimizing and preventing the spread of COVID-19 in the workplace.  As part of this guidance, OSHA finally has aligned…

Did you know… The U.S. Department of Labor announced today that it is withdrawing the “Independent Contractor Status Under the Fair Labor Standards Act” (FLSA) final rule issued under the previous administration on January 6, 2021. As anticipated, the new administration re-examined the previous rule and has withdrawn it after receiving approximately 1,000 comments in…

Did you know . . . In our last post, we informed you that President Biden recently signed into law the American Rescue Plan Act of 2021 (“ARPA”), which included a host of provisions affecting employers.  One significant mandate of the ARPA is the requirement for employers to offer 100% subsidized COBRA continuation coverage to…

Did you know . . .  On March 10, Congress approved the American Rescue Plan Act of 2021 (signed into law by President Biden on March 11). The Act contains several items of interest for employers, including: An extension of the tax credits for voluntarily providing paid sick and family leave under the Families First…

Did you know… The North Dakota Legislature reconvened last week after its mid-session break better known as “crossover.” House bills are now being considered by the Senate and Senate bills by the House. The House and Senate heard a number of employment related bills in the days leading up to the February 24 deadline to…