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Legal Update Header On Dec. 22, 2020, the U.S. Department of Labor (DOL) published a final rule to amend employee tip regulations under the Fair Labor Standards Act (FLSA).

The final rule was scheduled to take effect on March 1, 2021; however, on Feb. 26, 2021, the DOL delayed the rule’s effective date to April 30, 2021.

Portions Approved to Take Effect

After reviewing the rule for consistency with law and policy, the DOL announced that it will allow provisions that increase worker protections and earnings to take effect in April, including provisions that:

Legal Update Header An employee working a “one week on, one week off” schedule who takes 12 workweeks of federal Family and Medical Leave Act (FMLA) leave may be required to return to work 12 weeks later, a federal appeals court has held.

In Scalia v. State of Alaska, the 9th Circuit Court of Appeals found that an employer may count both “on” and “off” weeks against the FMLA leave entitlement of an employee on a rotating schedule. Ninth Circuit decisions apply in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. The opinion was issued Jan. 15, 2021.

Legal Update HeaderOn Sept. 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule to clarify how employers should classify their workers as either employees or independent contractors.

Accurate worker classification enables employers to determine which obligations, protections, rights and benefits apply to their employees under the law. Read More Button    

HR Insights Blog HeaderIn light of the coronavirus (COVID-19) pandemic, many organizations are taking precautions to best ensure the health and safety of their workforce. As return-to-work plans are implemented, employees are also concerned about safety—and are often addressing concerns directly with their employers.

As organizations address new challenges, many are seeking answers regarding what they can, and cannot do in response to common return-to-work concerns. This article serves as a general guide for employers regarding safety and workplace precautions as organizations prepare and implement return-to-work plans, and prepare to address common concerns as employees return to the workplace.