The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) has published a Notice of Proposed Rulemaking in the Federal Register concerning the classification of employees and independent contractors under the Fair Labor Standards Act (FLSA). One of the main functions of FLSA is to outline the minimum wage and overtime requirements that apply to employees but not independent contractors. The proposed Read More
NLRB Proposes Changes to Joint Employer Rule
The National Labor Relations Board (NLRB) recently issued a Notice of Proposed Rulemaking that would alter the definition of when two employers doing business with one another become joint employers. This definition is important because it determines when one employer is liable for the other employer’s unfair labor practices. Joint employers under the National Labor Relations Act (NLRA) both must bargain with the Read More
Five Years After #MeToo, Sexual Harassment Continues to Run Rampant in Workplaces
Five years ago, a tweet by actress Alyssa Milano went viral, leading women worldwide to use the now-familiar hashtag: #MeToo. The rallying cry had begun against sexual misconduct, rape culture, and sexual harassment in the workplace. A recent survey by The Shift Workshop, a New York HR consultancy firm, found that over 50% of the nearly 1,700 respondents had dealt with sexual harassment over the past 12 months. As a Read More
IRS Issues Inflation-Adjusted Items for 2023
The Internal Revenue Service (IRS) has issued Part III Administrative, Procedural, and Miscellaneous, 26 CFR 601.602. This revenue procedure aims to outline inflation-adjusted items in various Internal Revenue Code (IRC) provisions for 2023. These adjustments apply to taxable years beginning in 2023. The revenue procedure notes a change that the Inflation Reduction Act of 2022 made to the energy-efficient Read More
Employee Handbooks: Challenges for Multistate and International Employers
Although employee handbooks are not a legal requirement, they are a useful tool for employers to communicate policies, procedures, and expectations to new and existing employees. For multistate and international employers, creating a universal employee handbook can be very challenging due to the need to comply with all the local, state, federal, and international laws applicable to the jurisdictions in which the Read More
SECURE Act 2.0 and Your Company’s Retirement Plan
Retirement plan advisors are hopeful that Congress will work together before the end of the year to pass legislation collectively known as SECURE Act 2.0. This critical legislation would build on the provisions of the SECURE Act of 2019 and help workers better prepare for retirement. SECURE Act 2.0 consists of the Securing a Strong Retirement Act of 2022 that the House passed in March, as well as two bills that Read More
Significant Parity Cases for Benefits Lawyers to Watch
Patients have filed various lawsuits alleging their insurers violated the Parity Act by limiting treatment for mental health and substance use disorders. These lawsuits also involve ERISA claims. Many expect the outcomes of these lawsuits to clarify the standards for a successful parity claim and what remedies plaintiffs can seek under the Parity Act. The following are five parity cases that benefits attorneys and Read More
SEC Issues Final Rule Mandating Public Company Disclosure of Pay-Versus-Performance Measures
The U.S. Securities and Exchange Commission (SEC) has issued a final rule that expands executive pay disclosure requirements for publicly traded U.S. companies, accompanied by a fact sheet summarizing the rule. The rule goes into effect for the 2023 proxy season or fiscal years ending on or after December 16, 2022. It implements requirements established by the 2010 Dodd-Frank Wall Street Reform and Consumer Read More
Eleventh Circuit Awards Atty Fees to Plaintiff in AL Bias Suit Despite Mixed Jury Verdict
The U.S. Court of Appeals for the Eleventh Circuit issued a unanimous unpublished opinion affirming an award of over $172,000 in attorney fees and costs to a former employee of the Alabama Department of Transportation in a race bias case. The appellate court upheld the trial court's decision because an Alabama jury found that race was a motivating factor in the employee's termination, even though the employer could Read More
Fifth Circuit Blocks HHS From Enforcing Section 1557 Nondiscrimination Provisions Against Faith-Based Providers
The U.S. Court of Appeals for the Fifth Circuit has upheld a permanent injunction prohibiting the U.S. Department of Health and Human Services (HHS) from requiring faith-based healthcare providers to perform or provide insurance coverage for abortions or gender-transition procedures. The case is Franciscan Alliance, Inc. v. Becerra, No. 21-11174 (5th Cir. 2022). In this long-standing dispute over the Read More
