Labor & Employment Blog

In an article published on February 6, 2021 in SHALE Oil & Gas Business Magazine, Annette Idalski and James Fielding discuss how the COVID-19 pandemic has the potential to create a variety of wage and hour complications that could put employers at risk for violations under the Fair Labor Standards Act (FLSA).

“Oil extraction cannot be done remotely,” explains Idalski and Feilding. “It is a very complex operation requiring considerable determination and sophistication to be combined in very specific locations. Yet, the precautions taken to prevent COVID-19 outbreaks in ...

On December 7, 2020, the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) issued its Religious Exemption Final Rule, expanding the ability of federal contractors to seek religious exemptions from the nondiscrimination requirements imposed by Executive Order 11246 in federal government contracting.  Executive Order 11246 provides an exemption from its equal opportunity requirements for “a religious corporation, association, educational institution, or society, with respect to the employment of individuals of a particular religion to ...

Most companies realize the value of providing training focused on preventing sexual harassment in the workplace. Quality training programs help reduce exposure to sexual harassment and discrimination lawsuits, and they are often invaluable safeguards when lawsuits do arise.

However, anti-harassment training is not just a prudent measure - in the last two years, some states have made it a legal requirement. Both California and New York recently passed laws requiring companies to provide sexual harassment training to workers. As the end of the year approaches, now is the perfect ...

In an article published in Bloomberg Law on November 4, 2020, Chamberlain Hrdlicka Atlanta-based Shareholder Annette Idalski, Counsel Kaitlin Lammers and Associate Brian Smith discuss the Department of Labor’s recently proposed rule that clarifies when employers can classify workers as independent contractors and explains how the DOL lowered the bar for businesses to classify independent contractors.

“The Department of Labor’s Sept. 22 proposed rule offering clarification on when a worker is deemed an independent contractor under the Fair Labor Standards Act is ...

On September 22, 2020, the Department of Labor (DOL) unveiled a proposed rule intended to further clarify whether a worker is deemed an independent contractor under the Fair Labor Standards Act (FLSA). This classification is critical to employers, as independent contractors - unlike employees - are not owed overtime under the FLSA. The proposed rule is intended to replace all prior administrative rulings, interpretations, practices, or enforcement policies relating to the classification of independent contractors under the FLSA that are inconsistent or in conflict with the ...

On June 15, 2020, the Supreme Court of the United States ruled, in a 6-3 decision, that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of an employee's sexual orientation or gender identity. Title VII makes it unlawful for an employer to fail or refuse to hire or discharge any individual or otherwise discriminate against any individual because of the individual's race, color, religion, sex, or national origin. In interpreting the statute, the Supreme Court of the United States determined the definition of "sex" includes sexual orientation ...

Over the past few months, government agencies have issued regulations and guidance documents in an effort to provide clarity to employers on compliance with federal law and regulations in light of the impact of the COVID-19 pandemic on the workplace.

The following is a summary of those regulations and guidance documents.  

Department of Labor

The U.S. Department of Labor (DOL) recently issued regulations related to leave under the Families First Coronavirus Response Act (FFCRA). Under FFCRA, employers with less than 500 employees are required to provide leave to employees under two ...

On Monday, May 18, 2020, the U.S. Department of Labor (DOL) issued new regulations expanding the types of employers that can qualify as "retail or service establishments" under a Fair Labor Standards Act (FLSA) overtime exemption.

Section 7(i) Exemption

Section 7(i) of the FLSA allows certain employees of "retail or service establishments" who are paid mostly on commission to be classified as overtime exempt.

To fall within this exemption, three conditions must be met:

(1) the employee's regular rate of pay must exceed 1.5 times minimum wage in the workweeks the employee works ...

Due to the economic downturn associated with the spread of the coronavirus, many employers have been forced to significantly cut their workers' hours.  As a result, there has been a significant spike in partial unemployment insurance ("UI") applications.  This client alert provides a broad overview of partial UI benefits in Georgia and Texas.

GEORGIA

            The Georgia Department of Labor ("GDOL") has recently mandated that Georgia employers must file partial unemployment insurance claims on behalf of their eligible employees whenever it is necessary to temporarily reduce work hours or ...

In light of the significant impact of the COVID-19 pandemic, this Memorandum advises on the differences between layoffs and furloughs and the legal and practical ramifications for employers and certain employee protections in connection with the reduction of employee headcount. In addition, this Memorandum addresses other considerations in connection with a possible reduction in force.

FURLOUGHS

The term 'furlough' is generally defined as a temporary leave of absence from employment duties without pay typically caused by exigent circumstances, such as a lack of funds or ...