On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (“Final Rule”) defining the term independent contractor under the Fair Labor Standards Act (“FLSA”), rescinding the previous definition of independent contractor outlined in 2021 (“2021 Rule”). The Final Rule establishes a six-factor test based on the economic reality of the worker
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Podcast Season 2, Episode 2 Now Available: Tackling Difficult Accommodations Under ADA and FMLA
Scenarios that arise for employers under the Americans with Disabilities Act and the Family Medical Leave Act are often complex and without simple solutions. Oftentimes, these situations hinge on a particular fact that might be unusual or unique. In this podcast, we will present a brief overview of the ADA and FMLA, look at some…
New Podcast Episode Now Available: Employer Policies After the Stericycle Decision
We begin Season 2 of From Lawyer to Employer with a discussion about the recent Stericycle Decision from the National Labor Relations Board. Listen as guest speaker, Sarah Niemiroski chats with host, Daniel Schwartz about the the far-reaching impacts this decision has for employers when creating workplace policies. What’s different about Stericycle as opposed to Boeing? What type…
IRS Announces New Retirement Plan Limits for 2024
Today the Internal Revenue Service (IRS) announced the new dollar limits that apply for retirement plans in 2024. These annual limits generally continue to increase (in some cases rather substantially compared to the limits in effect just ten years ago), based on the cost-of-living calculation methodology that is set forth in the Internal Revenue Code. …
What Employers Should Do When Employees Fail to Report Time
Employers often struggle with what to do when employees fail to report their time accurately. A recent decision by the Second Circuit illustrates how costly it can be for employers who don’t address the issue properly.
In Perry et al. v. City of New York, the Second Circuit upheld a significant jury verdict in…
IRS Issues Reprieve on Roth Catch-Up Contribution Requirement
On August 25, 2023, the IRS delayed the requirement, originally slated to be effective in 2024, that catch-up contributions for higher earners be made on a Roth basis. Now, that provision will be effective in 2026. This applies to 401(k), 403(b) and governmental 457(b) plans.
SECURE 2.0 requires that individuals whose prior year wages exceed $145,000 and…
Looming Deadline for Connecticut Employers Under MyCTSavings
All private Connecticut employers with five or more employees in the state must take action with MyCTSavings by August 31, 2023, whether or not they are required to enroll their employees in that program.
Under a law passed in 2016, Connecticut employers with at least 5 employees must enroll employees in a state-run retirement…
DOJ Issues Proposed Rules Regarding State and Local Government Website Accessibility
The United States Department of Justice (“DOJ”) recently issued a notice of proposed rulemaking under Title II of the Americans with Disabilities Act (“ADA”) setting forth technical requirements for state and local government websites and apps to make them more accessible and usable by individuals with disabilities.
Guidance Issued in 2022
In our March 2022…
National Labor Relations Board Takes Aim At Employee Policies
On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a 3-2 decision, Stericycle, Inc., that adopted a new legal standard for evaluating employers’ workplace policies and rules. Under the new standard, an employer’s workplace policy may violate employees’ rights under the National Labor Relations Act (“NLRA”) if its policies have a “reasonable…
Public Officials Caution Employers to Reexamine DEI Practices in Wake of U.S. Supreme Court’s Affirmative Action Ruling
About a month ago, in Students for Fair Admissions v. Harvard College, the U.S. Supreme Court all but sounded the death knell for considering race or ethnicity as such in admissions to public educational institutions or those receiving federal funds.
Since then, many scholars, pundits, and attorneys have debated the extent to which the Court’s…