Skip to main content

What I’ve Been Reading This Week: Labor Department Edition


Over the past week or so, the Labor Department has updated guidance as to several notable coronavirus related matters that impact employers and employees alike.  While there were several other non Labor Department related developments I came across this past week, given the timeliness of these updates, I think it is appropriate to focus on these two updates this week. 

As always, below are a couple articles that caught my eye this week.


Labor Department Issues Guidance on Tracking The Remote Working Hours of Employees

At the end of August, the Labor Department issued guidance for employers and employees alike in regard to the tracking of the remote working hours of employees during the coronavirus pandemic.  Of note, while employers are required to pay their non exempt employees overtime for any work hours over 40 during the course of a work week (per the Fair Labor Standards Act), there is a bit of breathing room with this guidance.  For instance, the Labor Department confirmed that in a remote work environment, an employer must “exercise reasonable diligence” to ensure non exempt employees are paid for all time worked.  This “reasonable diligence” requirement can be satisfied by an employer establishing a system that requires non exempt employees to accurately record and report all time worked.  However, the Labor Department has stipulated that in a situation where an employee fails to report unscheduled work hours during the employer provided system, an “employer is generally not required to investigate further to uncover unreported hours.”  For those interested in the entire scope of the Labor Department’s guidance, I refer you to the link.


Labor Department Updates Informal Families First Coronavirus Response Act Guidance

Some readers might have kids already in school, or perhaps returning within the coming weeks.  Last Thursday, the Labor Department updated its FAQ section as to how the Families First Coronavirus Response Act (“FFCRA”) comes into play with many employees now juggling remote work and the opening of schools.  While I suggested readers take a look at the entire guidance for a thorough overview, I will point out that the Labor Department has stipulated that if a school opens on a hybrid attendance basis (open for in person education some days and virtual learning for other days), eligible employees may take paid FFCRA leave only on the days their children are required to participate in virtual learning...so long as the employee has the need for “leave to actually care for [the] child during that time and only if no other suitable person is available to do so.”  As well, if a school provides parents the choice of whether to allow their child to attend in person or participate virtually (and the parent chooses to have their child participate in virtual learning rather than in person), the employee is “not eligible to take paid leave under the FFCRA because [the] child’s school is not ‘closed’ du to COVID-19 related reasons.”

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...
Post a Comment
Read more

Senator Bernie Sanders To Introduce Bill Requiring Large Corporations To Pay For Federal Assistance Programs

Next week, Vermont Senator Bernie Sanders is set to introduce legislation which would require large employers such as Walmart, Amazon, and McDonald's to fully cover the cost of food stamps, public housing, Medicaid, and other federal assistance programs that their employees receive.  Senator Sanders has stated that the goal is to force these large employers to pay their employees a living wage and cut back on the nearly $150 billion in taxpayer dollars that go toward funding these federal programs every year. As for the specifics, a 100% tax on government benefits received would be imposed on government benefits received by workers at companies with 500 or more employees.  For instance, if a Walmart employee received $500 in food stamps, Walmart would be taxed $500. To call this proposed legislation groundbreaking would be an understatement.  I would expect that Senator Sanders, an Independent that caucuses with Democrats, is going to face an uphill battle gett...
Post a Comment
Read more