Kerri Beatty The U.S. Department of Labor (“U.S. DOL”) recently released proposed rules intended to clarify when workers are classified as employees as opposed to independent contractors under the Fair Labor Standards Act (“FLSA”). The proposed rules would abandon the current regulations which expanded the use of independent contractors and return to the position that the economic … Read more
Workplace monitoring is subject to a variety of laws regarding when employees have a right to privacy and if and when they must be notified that they are being monitored. The Electronic Communications Privacy Act (“ECPA”) of 1986 governs an employer’s monitoring of employees’ electronic communications in the workplace. The ECPA prohibits an employer from … Read more
As we previously reported, New York City passed the Pay Transparency Law, which will require employers hiring in New York City to disclose the minimum and maximum annual base salary or hourly wage for a job, promotion or transfer opportunity in any advertisement for the position beginning November 1, 2022. Specifically, the new law makes … Read more
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated “Know Your Rights” poster to be prominently displayed in the workplace by all employers with 15 or more employees. The new poster updates and replaces the previous “EEO is the Law” poster. The posters should be placed in a conspicuous … Read more
Coordinating employee leaves under the various leave laws can prove to be a challenge for employers. To ensure compliance, employers should familiarize themselves with the requirements for all applicable leave laws and establish policies and procedures for handling employee leave requests. Importantly, employers should administer those policies and procedures in a consistent and nondiscriminatory manner, in … Read more
The U.S. Department of Homeland Security (“DHS”) announced that employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of October 31, 2022 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available. There will be significant changes … Read more