Year: 2020

Disciplining Employees for FMLA and ADA Abuse

While the Family and Medical Leave Act (FMLA) gives workers the right to long blocks of leave and short, unscheduled “intermittent” leave, it doesn’t give them unfettered ability to take random days off or arrive late without a good excuse. Once the 12-week FMLA window expires, some employees seem to feel that the Americans with …

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DOL Says Certain Gig-Economy Workers Aren’t Employees

According to a recent opinion letter from the U.S. Department of Labor (USDOL), at least some gig-economy workers who find jobs through smartphone apps—such as drivers for ride-hailing services—are not covered by the federal Fair Labor Standards Act (FLSA). The distinction between an employee and an independent contractor is significant: Employees are entitled to minimum …

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Equal Pay Protections Expanded

In late 2019, New York State expanded equal pay protections to employees of all classes and characteristics covered by the State’s anti-discrimination in the workplace law. As a result, pay discrimination claims can be based not only on gender, as the prior law had mandated, but also age, race, creed, color, national origin, sexual orientation, …

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Prior Salary Inquiries Banned

Commencing January 6, 2020, employers in New York State will be prohibited from asking job applicants and current employees about their prior pay history, requesting such information from the applicant’s employee’s former employer(s), and relying on an applicant’s or employee’s prior salary history in determining salary or whether to offer employment. There are two exceptions …

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Salary Threshold for Exempt Employees Increased as of December 31, 2019

In order to be considered exempt from overtime in New York State, an employee must earn a minimum salary. That minimum has increased as of December 31, 2019. In 2020, in order to be considered exempt from overtime, an employee working for a New York City employer will have to earn a minimum of $1,125 …

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Labor Department Issues Final Rule on Calculating Regular Rate of Pay

The U.S. Department of Labor (DOL) recently announced a final rule regarding the calculation of “Regular Rate” of pay.  This new rule, which is the first update on the definition of Regular Rate of pay in more than 50 years, will take effect on January 15, 2020.  The definition of the Regular Rate of Pay is extremely …

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FMLA Administration: 4 Basic Steps

FMLA Administration: 4 Basic Steps In general, the Family Medical Leave Act (FMLA) is applicable when an employee needs time off to attend to family or medical needs.  It requires certain employers with fifty (50) or more employees within a 75-mile radius to provide eligible employees with up to twelve (12) weeks of unpaid annual …

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