Department of Labor Wage & Hour Division Provides Work From Home Guidance

On August 24, 2020, the Wage and Hour Division of the Department of Labor (DOL) published guidance addressing employer obligations to track employee hours while teleworking. The DOL emphasized that though the guidance is being issued in part due to the increase in teleworking arrangements with COVID-19, it applies to all telework or remote work arrangements, not only those caused by the pandemic.

Continue reading “Department of Labor Wage & Hour Division Provides Work From Home Guidance”

A Genetic Mutation That Interferes With Normal Cell Growth May Qualify as a Disability Under the ADA

In a case of first impression at the circuit level, the Sixth Circuit Court of Appeals reversed dismissal of a disability discrimination complaint because the plaintiff had plausibly alleged a condition covered by the Americans with Disabilities Act (ADA) based on a genetic mutation causing abnormal cell development.

Continue reading “A Genetic Mutation That Interferes With Normal Cell Growth May Qualify as a Disability Under the ADA”

NLRB Tightens Standard for Joint Employer Status

A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited final rule from the National Labor Relations Board (NLRB) that will take effect on April 27, 2020. By tightening the legal test the NLRB uses to determine whether workers are jointly employed by affiliate businesses, including franchisors and franchisees, the rule provides welcomed clarity for franchisors, and will allow them to provide more operational support and guidance to franchisees.

Continue reading “NLRB Tightens Standard for Joint Employer Status”