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Everything you need to know about BMD and the industry.
Client Alert
Columbus, Ohio Ordinance Prohibits Employers from Inquiries into an Applicant’s Salary History
January 30, 2024
Effective March 1, 2024, Columbus employers are prohibited from inquiring into an applicant’s salary history. Specifically, the ordinance provides that it is an unlawful discriminatory practice to:
Posted by
Daphne Kackloudis and Mercedes Sieg
Client Alert
NLRB Issues Final Rule on Joint-Employer Status
November 20, 2023
On October 26, 2023, the National Labor Relations Board (NLRB) issued its final rule on determining joint-employer status, departing from its prior 2020 standard. The final rule provides that two or more entities may be considered “joint employers” if each entity has an employment relationship with employees and if the entities share or codetermine one or more employees’ essential terms and conditions of employment. The final rule goes into effect on December 26, 2023, and will only be applied to cases filed after the effective date.
Posted by
John Childs, Bryan Meek, and Mercedes Sieg
Client Alert
The DOL and EEOC Enter a Partnership to Strengthen Federal Employment Law Enforcement
October 23, 2023
On September 13, the U.S. Department of Labor’s (DOL) Wage and Hour Division and the Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of Understanding (MOU) agreeing to work together in enforcing federal employment laws. The MOU forms a partnership between the two agencies to encourage coordination through information sharing, joint investigations, training, and outreach.
Posted by
Bryan Meek and Mercedes Sieg
Client Alert
Five Major Trends for Employers to Watch Out For in 2023
December 19, 2022
Five Major Trends for Employers to Watch Out For in 2023: Major changes may be on the horizon for noncompete clauses. The EEOC is gearing up to file more discrimination lawsuits against employers. The Department of Labor is poised to raise the salary threshold for exempt employees under the FLSA. Unionization momentum may slow in 2023. ESG is the new norm to attract and retain talent.
Posted by
Haley E. Kick, Adam D. Fuller, Bryan Meek
Client Alert
Employer Liability for COVID-19 Vaccine Side Effects
June 9, 2021
As employers encourage or require employees to obtain a COVID-19 vaccine, they should be aware of OSHA recording obligations and potential workers’ compensation liability. Though OSHA has yet to revise its COVID-19 guidance in response to the latest CDC recommendations, OSHA has revised its position regarding the recording of injury or illness resulting from the vaccine. Until now, OSHA required an employer to record an adverse reaction when the vaccine was required for employees and the injury or illness otherwise met the recording criteria (work-related, a new case, and meets one or more of the general recording criteria). OSHA has reversed course and announced that it will not require recording adverse reactions until at least May 2022, irrespective of whether the employer requires the vaccine as a condition of employment. In its revised COVID-19 FAQs, OSHA states:
Posted by
Stephen Matasich
Client Alert
DOL Finalizes New Rule Regarding Independent Contractor Status, But Its Future Is In Jeopardy
January 11, 2021
On January 6, 2021, the Department of Labor announced its final rule regarding independent contractor status under the Fair Labor Standards Act. As described in a prior BMD client alert, this new rule was fast-tracked by the Trump administration after its proposal in September 2020. The new rule is set to take effect on March 8, 2021, and contains several key developments related to the "economic reality" test used to determine whether an individual is an independent contractor or an employee under the FLSA.
Posted by
Russel T. Rendall
Blog Post
COVID-19 Legal Issues Update and Ask Us Anything Webinar Recording
January 5, 2021
Join Brennan Manna Diamond Employment & Labor law Member Jeffrey Miller and Healthcare & Employment law Partner Bryan Meek on December 10 ET for 'COVID-19 Legal Issues Update and Ask Us Anything' webinar.
Posted by
Jeffrey C. Miller and Bryan Meek
Client Alert
UPDATE - Vaccine Policy Considerations for Employers
January 4, 2021
If you read our post from November, you’re already an informed employer. This first post of 2021 is to share good news, give a few updates, and answer some other common questions. Q: What’s the Good News? First, the EEOC confirmed that employers may require employees receive the COVID-19 vaccine. Second, polling indicates that the number of Americans who said they will receive a vaccine has increased from around 63% to over 71%. The number of Americans who are strongly opposed to a vaccine is about 27%. Third, initial returns show that the efficacy rate for certain vaccines is as high as 95% for some at-risk recipients.
Posted by
Jeffrey C. Miller
Client Alert
Pondering Over Patient Billing: CARES Act and Provider Relief Fund Lead to More Questions
April 16, 2020
On April 11, 2020, HHS, along with the Department of Labor and Department of the Treasury, issued jointly prepared FAQs regarding the FFCRA, the CARES Act, and other health coverage issues. The FFCRA was enacted on March 18, 2020 and requires group health plans and health insurance issuers to provide benefits for certain items and services related to diagnostic testing for COVID-19. Additionally, plans and issuers must provide coverage without imposing any cost-sharing requirements (deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements.
Posted by
Amanda L. Waesch
Client Alert
CLIENT ALERT: U.S. Department of Labor, Wage and Hour Division Sets Enforcement Record
October 30, 2019
In advance of Halloween, the U.S. Department of Labor announced the results of its Wage and Hour Division's (WHD) recovery efforts for Fiscal Year 2019, and it reads like a horror story. The good news to lull you into a feeling of safety was that the 18,844 Complaints Registered was the fewest amount over the past 22 years or published records.
Posted by
Jeffrey C. Miller, Esq., Labor + Employment Partner
Client Alert
CLIENT ALERT: New Overtime Rule Raises Minimum Salary Requirements and Other Changes to the Fair Labor Standards Act
September 24, 2019
Today, the U.S. Department of Labor (DOL) issued its Final Rule updating the regulations under the Fair Labor Standard Act: Effective January 1, 2020, employees who make less than $35,568 are now eligible for overtime pay under a final rule issued by the U.S. Department of Labor (“DOL”). The DOL expects 1.3 million workers to become newly eligible for overtime by updating the thresholds. The new rule will raise the salary threshold to $684 per week ($35,568 annualized) from $455 per week. This means that even if your employee qualifies under one of the overtime exemptions, if the employee is not earning at least $684/week, the employee will be eligible for overtime and minimum wage requirements.
Posted by
BMD Labor + Employment Team
Client Alert
CLIENT ALERT: Class Action Waivers in Employment Contracts Upheld by Supreme Court
May 24, 2018
On May 21, 2018, in a 5-4 decision and a major win for employers, the United States Supreme Court upheld the legality of waivers in employment contracts that prohibit employees from grouping claims together in collective or class actions in favor of individual arbitration proceedings. See Epic Sys. Corp. v. Lewis, ___U.S.___ (2018).
Posted by
Adam D. Fuller, Partner, BMD's Employment and Labor Group
Blog Post
NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision
February 28, 2018
NLRB Reverses its Reversal of 2015 Browning-Ferris Joint Employer Decision
Posted by
Jeffrey C. Miller, Member of BMD's Labor & Employment Practice Group, Managing Partner of BMD's Cleveland Office
Client Alert
Client Alert: NLRB Reverses 2015 Browning-Ferris Joint Employer Decision
December 15, 2017
The NLRB issued a 3-2 decision reversing the Board’s standard for joint employment in collective bargaining that it issued in the 2015 Browning-Ferris decision. That controversial decision by the liberal leaning Board overturned years of precedent and significantly expanded the definition of joint employment. The decision spurred legislation (H.R. 3441, the Save Local Business Act) to overturn the expansive definition, and replace it with a far more narrow and proper definition of joint employment.
Posted by
Jeffery C. Miller - Member of BMD's Labor & Employment Practice Group
Client Alert
President Trump’s Effect on the Workplace
October 5, 2016
When President-elect Trump takes office, what can employers expect? What will be the effect of his presidency on the workplace and workforce? The probabilities and possibilities range from minor to major changes, with both short and long-term effects.
Posted by
John N. Childs
Client Alert
NLRB Ruling re: Private University Labor Update
August 23, 2016
Graduate students employed by private universities are permitted to unionize under federal law.
Posted by
John N. Childs
Blog Post
The National Labor Relations Board “Joint Employer” Ruling
August 13, 2015
On August 27, 2015, the National Labor Relations Board (NLRB) released a ruling in the Browning-Ferris Industries of California, Inc. case, in which the NLRB revised its standard for determining joint employer status under the National Labor Relations Act (NLRA).
Posted by
John N. Childs