Archives of Employment

DOL Issues New Guidance on Independent Contractor Status

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 […]
3 years ago

EEOC to Re-Open EEO Data Collections in 2021

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 federal […]
3 years ago

FFCRA Leave Expired, But Can Employees Still Get It?

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 […]
3 years ago

Many Employers Opt to Encourage, Not Require, COVID Vaccine

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 […]
3 years ago

New Payroll Tax Deferral Guidance

  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 […]
3 years ago

Supreme Court Rules Title VII Protects LGBTQ Employees From Discrimination

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 […]
3 years ago

Employer Liability for COVID-19

Does a business have potential liability if someone contracts coronavirus (COVID-19) on business premises? Maybe, but, in most cases, it’s unlikely.  In North Carolina, there are three primary sources of potential liability for injury to employees: (1) the Occupational Safety and Health Act of 1970 (the “OSH Act”); (2) the North Carolina Workers’ Compensation Act; […]
4 years ago

New Guidance for Critical Infrastructure Workers

The Centers for Disease Control and Prevention (CDC) recently published interim guidance for implementing safety practices for critical infrastructure workers who may have had exposure to a person with COVID-19.  According to the CDC, in order to ensure continuity of operations, critical infrastructure workers may be permitted to continue working following potential exposure to COVID-19, provided they […]
4 years ago

SBA Interim Final Rule – What To Know Before You Apply

On April 2, 2020, the U.S. Small Business Administration (SBA) released its Interim Final Rule, which provides further guidance on the Paycheck Protection Program (PPP). Here are a few things you should know: No more than 25% of the loan proceeds may be expended on eligible expenses other than payroll costs.  The lender will calculate the […]
4 years ago

Paycheck Protection Program Loans: Application Forms and Guidance Released

As most of you are already aware, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the federal government recently allocated $349 billion to help small businesses. Yesterday, the federal government released the application form and some supplemental guidance all employers should review. Beginning on April 3, 2020, small businesses with less […]
4 years ago