On January 6, 2021, the US Department of Labor (DOL) issued long sought-after clarity on the legal distinction between independent contractors and employees under the Fair Labor Standards Act (FLSA). The rule is scheduled to take effect on March 8, 2021.  The rule reaffirms the “economic reality” test to determine whether an individual is in business for him or […]

After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of COVID-19, the Equal Employment Opportunity Commission (EEOC) recently announced the 2019 and 2020 EEO-1 Component 1 Data Collection (EEO-1 Report) is on schedule to open in 2021.   The EEO-1 Report is a compliance survey mandated by […]

On December 31, 2020, paid sick leave and expanded family and medical leave requirements under the Families First Coronavirus Response Act (FFCRA) expired. The Department of Labor (DOL) provided new guidance in the form of Frequently Asked Questions, addressing whether workers who did not use their leave entitlement under the FFCRA in 2020 are eligible to […]

In December, the Equal Employment Opportunity Commission (EEOC) issued guidance clarifying that employers can require their employees to get the COVID-19 vaccination as a condition of working onsite, provided that, if an employee opts not to receive the vaccine, the employer must engage in an individualized analysis of whether an exception is necessary to provide […]

On August 8, 2020, President Trump issued a Presidential Memorandum allowing for the deferral of federal payroll taxes for the period of September 1, 2020, through December 31, 2020. The memorandum directed the Secretary of the Treasury to use his authority to defer certain payroll tax obligations for American workers in most need during this global-wide pandemic. […]

On July 20, 2020, the Centers for Disease Control and Prevention (CDC) updated its guidance on how long individuals that test positive for COVID-19 should self-isolate at home. Recent studies show that individuals with mild to moderate symptoms of COVID-19 are no longer infectious 10 days after symptoms begin. The CDC’s updated guidance recommends: (1) […]

On June 24, 2020, Governor Roy Cooper issued Executive Order No. 147, which extends North Carolina’s Safer At Home Phase 2 (Executive Order No. 141) and requires people to wear face coverings while out in public. This Executive Order is effective June 26, 2020 at 5:00 p.m. through July 17, 2020 at 5:00 p.m. Face […]

On June 15, 2020, the Supreme Court, in a 6-3 vote, ruled that Title VII protects employees from discrimination based on their gender identity and sexual orientation.   Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employers from discriminating against employees “because of… sex.” The Supreme Court addressed the question of […]

The North Carolina General Assembly has introduced two separate bills in the House (HB 1056 and HB 1057) in an effort to address COVID-19 claims under workers’ compensation. Currently, a COVID-19 case would be treated as an occupational disease, and thus a claimant would have to prove that he contracted the virus from work and […]

On May 19, 2020, the Occupational Safety and Health Administration (OSHA) provided updated interim guidance detailing when employers must record COVID-19 illnesses. This new guidance applies to employers with 10 or more employees. It goes into effect May 26, 2020, until further notice, and supersedes guidance issued April 10, 2020. The new guidance clarifies that […]