#WorkforceWednesday: Wage and Hour Class Litigation, OSHA Guidance, Hiring from a CompetitorMay 27, 2020
Welcome to #WorkforceWednesday. We hope you had a safe and healthy long weekend. Here are some news and developments you may have missed:
Inoculating Against COVID-19-Related Wage and Hour Class Litigation
While the COVID-19 pandemic may allow businesses to invoke force majeure clauses to be relieved of certain contractual obligations, obligations for wage and hour compliance are non-waivable. Seemingly sensible business responses during each phase of the pandemic and economic crisis could lead to costly wage and hour litigation. Read more.
Now in Effect: OSHA Guidance
Two enforcement memos went into effect on May 26, 2020, and provide updated guidance to Occupational Safety and Health Administration investigators. The first memo reinstates employers’ recordkeeping obligations for COVID-19 cases. While the second memo updates the agency’s interim enforcement response plan, it generally returns to pre-COVID investigation policies, except to maintain COVID-19-related cases as a top priority and mandate the following of certain COVID-19-related precautions.
Hiring from a Competitor
With priorities continuing to shift as businesses begin to remerge from the initial impacts of the pandemic, acquiring new top talent may be needed. It is important to remember these practical tips to minimize litigation risk when hiring from a competitor.
Two Final FLSA Rules
The Department of Labor’s Wage and Hour Division had a busy week, issuing two final rules pertaining to the Fair Labor Standards Act (FLSA):
- Fluctuating Workweek Final Rule
- Withdrawal of the “Retail” and “Not Retail” Section 7(i) Exemption Lists
Stay Up to Date
Our Coronavirus Resource Center is updated daily and always available at www.ebglaw.com/coronavirus.
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