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The [Economic] Reality for Employers: The Department of Labor's Proposed New Rule for Determining Independent Contractor Status

on October 5, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On September 22, 2020, the U.S. Department of Labor (“DOL”) announced a new proposed rule that could affect whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The proposed rule sets forth the “economic reality” test as the proper test for...


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COVID-19 Safety Compliance Alert: Time to Re-Evaluate Current Plans as Indiana Enters Stage 5

Posted by: Shelley M. Jackson and Kate E. Trinkle on September 28, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On September 24, 2020, Governor Holcomb issued Executive Order 20-43, “Back on Track Indiana: Stage Five – The New Normal During a Global Pandemic” (the “Executive Order”), which outlines requirements for Hoosiers now that Indiana entered Stage 5 on September 26, 2020. Hoosiers, including...


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What Employers Need to Know about the Revised FFCRA Regulations

Posted by: Amy J. Adolay and Kate E. Trinkle on September 18, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On September 11, 2020, the Department of Labor (DOL) revised certain provisions of the Families First Coronavirus Response Act (FFCRA) regulations in light of a recent federal court decision by the U.S. District Court for the Southern District of New York (“District Court”).1 The revised...


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IRS Confirms Payroll Tax Deferral Not Mandatory

Posted by: Kendall A. Schnurpel on September 4, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In its monthly payroll industry teleconference held on September 3, 2020, the Internal Revenue Service (IRS) confirmed that the payroll tax deferral of the employee portion of the FICA tax described in IRS Notice 2020-65 is not required. Employers may choose to exercise the deferral option but...


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IRS Issues Guidance Related to President Trump's Memorandum on Social Security Tax Deferral

Posted by: Kendall A. Schnurpel on September 1, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Background

In his “Memorandum for the Secretary of the Treasury,” dated August 8, 2020 (the “Memorandum”), President Trump directed the Secretary to defer the withholding, deposit, and payment of the employee portion of the FICA tax (i.e., the 6.2% social security tax) paid during the period...


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Employee Opioid Use, Addiction, and the ADA: EEOC Guidance Indicates Opioid Use and Addiction May Give Rise to ADA Rights

Posted by: Elizabeth M. Roberson and Kate E. Trinkle on August 24, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Employers may need to revisit employee handbooks and policies after the Equal Employment Opportunity Commission (EEOC) issued guidance on August 5, 2020, addressing employee opioid use, addiction, and employee rights under the Americans with Disabilities Act (ADA).

I. Testing for Drug...


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The Ongoing Pandemic of Information: Updates to FFCRA, FLSA, and FMLA Guidance

Posted by: Kate E. Trinkle and Elizabeth M. Roberson on July 31, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Department of Labor (DOL) recently updated its guidance on the Families First Coronavirus Response Act (FFCRA), the Fair Labor Standards Act (FLSA), and the Family and Medical Leave Act (FMLA). To properly handle employees’ requests for leave and comply with wage and hour requirements,...


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