Agency Activity Archives - Kollman & Saucier P.A.

EEOC Issues New Guidance on When COVID-19 Qualifies as a Disability

Vincent Jackson

12/15/2021

On December 14, 2021, the Equal Employment Opportunity Commission issued updated guidance on when COVID-19 constitutes a disability under Title I of the ADA. Under the ADA, a person can be an individual with a disability in one of three ways: “Actual” Disability: a physical or mental impairment that substantially limits a major life activity (such as walking, talking, seeing, hearing, etc.); “Record of” a Disability: the person has a...

Randi Klein Hyatt

09/29/2021

Agency Activity, COVID-19, Reasonable Accommodations/Undue Burden, Telework, Uncategorized

Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first lawsuit under the American with Disabilities Act (ADA) against a facility management services company, ISS Facility Services, Inc., due its failure to permit one of its employees to continue working remotely amidst COVID. The case is EEOC v. ISS Facility Servs., Inc., No. 1:21-CV-3708-SCJ-RDC (N.D. Ga. 2021). Ronisha Moncrief worked as a Health Safety and...

Eric Paltell

08/17/2021

Agency Activity, Labor Law

On August 12, 2021, the NLRB’s new General Counsel, Jennifer Abruzzo, issued a memo (GC 21-04) signaling plans to reconsider more than 40 decisions of the Trump Board. The memo also asks for cases in a number of areas not addressed by the Trump Board to be sent to Advice for the purpose of considering whether new standards should be set. The memo is indicative of an aggressive agenda that will likely see the Board issue a number of pro-labor...

Darrell VanDeusen

05/05/2021

Agency Activity, Employment Discrimination

Last week, the EEOC issued the following press release, which is reproduced here as released. Employers sometimes forget about EEO-1 reporting requirements. If you are a covered employer, do not forget to complete your report. If you have questions, contact us. K&S lawyers will assist you in understanding your obligations. EEOC ANNOUNCES OPENING OF 2019 AND 2020 EEO-1 COMPONENT 1 DATA COLLECTION Employers Have Until July 19, 2021 to...

Bernadette Hunton

04/12/2021

Agency Activity, Wage & Hour

On April 9, 2021, the Department of Labor issued revised guidance on the agency’s use of liquidated damages to settle wage violations, rescinding limits imposed by the Trump administration less than a year ago. Under the Fair Labor Standards Act (FLSA), employers who violate certain provisions of the Act pertaining to minimum wage, overtime, and tipped employees, are liable for unpaid wages plus an additional equal amount as liquidated damages. ...

Bernadette Hunton

02/16/2021

Agency Activity, State Law, Unemployment Insurance

According to a press release issued by the Maryland Department of Labor, states have seen a “significant spike” in fraudulent unemployment activity since passage of the Continued Assistance for Unemployed Workers Act. Part of the stimulus package signed into law by President Trump on December 27, 2020, the Act extends pandemic unemployment relief measures through March 14, 2021, with certain modifications. Key provisions include expansion...

Randi Klein Hyatt

01/29/2021

Agency Activity, COVID-19, Workplace Safety

Earlier today, the Occupational Safety and Health Administration issued its Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace. The Guidance is not legally binding but does detail recommended best practices around managing COVID-19 in the workplace. OSHA has reiterated that workers should continue to maintain at least a six-foot distance from others when possible, wash hands, properly wear a face mask (covering nose...

Randi Klein Hyatt

01/27/2021

Agency Activity, DOL Opinion Letters, Wage & Hour

In its final days under the Trump administration, the Department of Labor (DOL) had advanced three opinion letters on independent contracting and tip-pooling rules. On Tuesday, the DOL's Wage and Hour Division revoked the letters under the Biden administration's regulatory review freeze. The independent contracting rule would have permitted a simpler legal standard for classifying workers as independent contractors rather than employees covered...

Clifford Geiger

01/20/2021

Agency Activity, Wage & Hour

The U.S. Department of Labor issued four new opinion letters on January 19, 2021: FLSA2021-6 A trade association of staffing firms asked for an opinion on whether the Fair Labor Standards Act’s (FLSA) “retail or service establishment” exemption applies to staffing firms that recruit, hire, and place employees on temporary assignments with clients. Qualifying for the exemption would mean there is no overtime requirement under the...

Darrell VanDeusen

01/12/2021

Agency Activity, Wage & Hour

In the final weeks of the Trump administration, the Department of Labor has been busy putting out guidance on wage and hour matters. Let’s put aside last week’s Final Rule on independent contractors, issued January 6, 2021. That rule is expected to face substantial challenge in court, so while it is an interesting change in approach by the DOL, all should recognize the uncertainty of its lasting effect. Please turn instead to two Wage...

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EEOC Issues New Guidance on When COVID-19 Qualifies as a Disability

The EEOC Takes On Its First COVID-Telework Lawsuit Under The ADA.

NLRB General Counsel Sets Ambitious Agenda

It’s Time to file EEO-1 Reports

DOL Reverses Policy Limits On Liquidated Damages For Wage Violations In Pre-Litigation Settlements

Maryland DOL Urges Employers To Review Benefit Charge Statements For Fraudulent Activity

OSHA Provides Further Guidance on Managing COVID-19 in the Workplace

Biden DOL Revokes Three Eleventh-Hour Trump DOL Opinion Letters

DOL Issues Four New Wage & Hour Opinion Letters

Two New Wage & Hour Opinion Letters from DOL

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Category: Agency Activity

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