News & Analysis

Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions.

The final provisions of Oregon’s Workplace Fairness Act (OWFA) go into effect on October 1, 2020—less than a month away.

Maryland Governor Hogan moved the state into Stage Three of its reopening plan on September 4, 2020, permitting practically all Maryland businesses to open, including theaters.

On September 5, 2020, Michigan Governor Gretchen Whitmer issued Executive Order 2020-178, which continues protections offered under previous Executive Order 2020-168 (now rescinded) for frontline workers in grocery stores and pharmacies.

Due to the plateau of COVID-19 cases in Michigan, on September 3, 2020, Governor Gretchen Whitmer signed Executive Order 2020-176 to “carefully and deliberately relax some restrictions.”

While no one knows what the outcome of the presidential election will be, if Vice President Biden is elected, hospitality employers should expect to see the following labor and employment issues front and center.

A new DOL opinion letter provides guidance on which employers “have a retail concept” for purposes of the commissioned employee FLSA exemption.

On August 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter finding that employers of delivery drivers need not reimburse mileage at the IRS “standard” reimbursement rate.

It appears that employers in the Golden State will be required, starting next year, to collect and submit worker compensation data to the state.

On August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes.