At the end of August, the Department of Labor issued an opinion letter discussing the Fair Labor Standards Act’s (FLSA) requirement that employers reimburse certain non-exempt employees for expenses related to the use of personal vehicles during the course of employment. An employer violates the FLSA if an employee’s wages, minus any expenses incurred for the benefit of the employer, fall short of the federal minimum wage. The letter clarifies the permissible methods for calculating expenses under the FLSA.
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Calculating Vehicle-Related Expenses Under The FLSA Posted on: September 21, 2020 In: Labor & Employment
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Sexual Harassment Prevention Training 2020: What Employers Need to Know Posted on: September 17, 2020 In: Labor & EmploymentIn 2020, the Illinois Workplace Transparency Act (WTA)—a comprehensive, bipartisan overhaul of Illinois’ sexual harassment and discrimination laws—took effect. The WTA significantly expands the scope and protection of existing employment statutes, redefining “harassment” as “any unwelcome conduct” on the basis of a protected characteristic with “the purpose or effect of substantially interfering with the individual’s work performance or creating an intimidating, hostile, or offensive working environment.”
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3 Things You Can Do If You Suspect An Ex-Employee of Stealing Trade Secrets Posted on: September 10, 2020 In: Labor & EmploymentOne of the most obvious changes caused by COVID-19 is that everyone is now working from home. According to the 2020 Remote Work-From-Home Cybersecurity Report, sponsored by Pulse Secure, 84% of U.S. companies surveyed expect broader work-from-home adoption despite the fact that 69% of these organizations are concerned about work-from-home security risks. So, this begs the question, what should you do if you suspect an employee or ex-employee of stealing trade secrets?
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CMS Guidance For Compliance With Interoperability and Patient Access Final Rule Posted on: August 27, 2020 In: Data Privacy & CybersecurityIn a guidance document published on August 14, 2020, the Centers for Medicare & Medicaid Services (CMS) provided enforcement deadlines and implementation guidance regarding the long awaited CMS Interoperability and Patient Access final rule. The final rule was published on May 1 of this year and includes several new requirements applicable to Medicaid and the Children’s Health Insurance Program (CHIP).
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When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections Posted on: August 25, 2020 In: Labor & Employment, COVID-19 ResponseSince the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post.
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The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: Labor & Employment, COVID-19 ResponseIf there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
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Healthcare Providers Beware: HIPAA Applies When Complying With Subpoenas Posted on: August 18, 2020 In: Data Privacy & Cybersecurity, COVID-19 ResponseMuch scrutiny has been given to the treatment for COVID-19 and the use of funds in fighting it. In time, the local, state, and federal governments will be investigating or prosecuting organizations accepting COVID-19 funds or treating those with the coronavirus. Covered entities, such as healthcare providers and health plans, might be served with subpoenas and discovery requests. It is important to know how to manage the release or disclosure of patient information subject to these requests.
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Everyone’s A (Potential) Whistleblower! Posted on: July 31, 2020 In: Labor & EmploymentMost employers are familiar with the anti-retaliation provisions of their state’s anti-discrimination statutes and Title VII under federal law. These laws create robust rights of action for current and former employees who allege they were retaliated against for complaining of discrimination or harassment in the workplace. They also carry with them the threat of hefty damages verdicts for employees, and awards of attorneys’ fees that sometimes dwarf the sum of the damages themselves.
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ECJ Invalidates the EU-US Privacy Shield as Adequate Transfer Mechanism Posted on: July 16, 2020 In: Data Privacy & CybersecurityIn a ruling issued on July 16, 2020, the European Court of Justice (ECJ) invalidated the EU-U.S. Privacy Shield – a primary mechanism available to companies exporting personal data from the European Economic Area (EEA) to the United States.
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A Time for Reflection: Advisen’s 2020 Cyber Law Firm of the Year Award Posted on: July 15, 2020 In: Data Privacy & CybersecurityLewis Brisbois' Data Privacy & Cybersecurity Team recently received Advisen’s 2020 “Cyber Law Firm of the Year” award for the second year in a row. We are proud of this accomplishment and grateful for Advisen’s recognition, as well as the dedication of our attorneys and industry partners. Receiving this honor provides us with more than simply a reason to celebrate. It also gives us a chance to reflect upon the work that we performed last year and to determine how best to serve our clients in the future.
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Accounting Firms: Confirming Security of Client Information After Reports of Tax Fraud Posted on: July 14, 2020 In: Data Privacy & CybersecurityThe July 15, 2020 extended tax-filing deadline is upon us. Accounting and tax preparation firms are squarely in the crosshairs of opportunistic cyber criminals looking to obtain and exploit sensitive information for the purposes of committing tax fraud. Unfortunately, thousands of Americans will see fraudulent tax returns filed in their names this year, and the accounting firm that files the client’s taxes is often the most obvious target for blame, but the source of the tax exploit may not be as obvious.
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U.S. Supreme Court Gives Grace to Religious Employers Posted on: July 09, 2020 In: Labor & EmploymentIn 2012, the United States Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171, and first recognized a “ministerial exception.” The ministerial exception is a First Amendment doctrine that prohibits civil courts from adjudicating employment-related cases brought by “ministerial” employees against their religious employers.
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Featured Posts
- July 15, 2020 A Time for Reflection: Advisen’s 2020 Cyber Law Firm of the Year Award
- July 14, 2020 Accounting Firms: Confirming Security of Client Information After Reports of Tax Fraud
- July 09, 2020 U.S. Supreme Court Gives Grace to Religious Employers
- June 18, 2020 Business Email Compromise Attacks on the Rise in 2020
- June 15, 2020 U.S. Supreme Court Outlaws Discrimination Against LGBTQ+ Employees
- June 03, 2020 California AG Submits CCPA Regulations for Final Approval, Paving the Way Toward Enforcement
- May 29, 2020 Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely
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