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For years, the question of whether an individual is an employee or independent contractor under the Fair Labor Standards Act (FLSA) has been a significant source of confusion and oftentimes the subject of litigation. The distinction is particularly important to… Continue reading Proposed DOL Rule Makes it Easier for Employers to Classify Workers as Independent Contractors
Many of us are facing great uncertainty as to the potential changes the November elections may hold. There is no way to predict the outcome of the elections or likely changes, but we can share some general thoughts regarding future tax planning opportunities. Continue reading Potential Election Impacts on Estate Tax Planning
Just when you thought it was safe to come back to the office, the Department of Labor (DOL) has been busy revising the content of its FMLA forms. The good news is the old FMLA certification forms still work. The even… Continue reading The U.S. Department of Labor Recently Released Updated FMLA Forms
Following a recent decision from the U.S. District Court for the Southern District of New York that called into question the validity of certain provisions of the Families First Coronavirus Response Act (FFCRA), the U.S. Department of Labor (DOL) has taken… Continue reading U.S. Department of Labor Releases Revised FFCRA Regulations
On August 31, 2020, the U.S. Environmental Protection Agency (EPA) terminated its COVID-19 temporary enforcement policy, enacted on March 26, 2020 (retroactive to March 13, 2020). The temporary policy stated that if compliance was not reasonably practicable due to COVID-19,… Continue reading EPA Terminates COVID-19 Temporary Policy on Enforcement Discretion
Inspired by the pandemic, the U.S. Department of Labor (DOL) in Field Assistance Bulletin No. 2020-5, dated August 24, 2020, addresses the difficult task of properly capturing time for employees working remotely, off-site and teleworking. This has been an issue… Continue reading The U.S. DOL: Recognizing the New Challenges of Teleworking
Recent modifications to the Oklahoma Nursing Practice Act (Act), along with actions taken by the governor, have resulted in Oklahoma hospitals being exempt from federal Certified Registered Nurse Anesthetist (CRNA) physician supervision requirements. Oklahoma joins 18 other states across the… Continue reading Oklahoma Adopts Exemptions to Physician Supervision Requirements
Since March, employers have been struggling to understand and apply the rules and requirements of the Families First Coronavirus Response Act (FFCRA) to ever-changing circumstances in workplaces and communities. Many employers have implemented FFCRA leave policies and procedures based on… Continue reading Provisions of FFCRA Final Rule Called into Question
Last week the Equal Employment Opportunity Commission (EEOC) released technical assistance clarifying employees’ rights and responsibilities for individuals who use and misuse opioids. Opioids include prescription drugs such as codeine, oxycodone and hydrocodone, among others. They also include drugs used… Continue reading EEOC Issues New Guidance Addressing Employees Who Use Opioids
The McGirt v. Oklahoma decision from the U.S. Supreme Court earlier this month garnered worldwide media attention. Many know that the decision recognized the continued existence of the boundaries of the reservation of the Muscogee (Creek) Nation within the state of Oklahoma.… Continue reading McGirt v. Oklahoma: Q&A and What Happens Now?