A common challenge for employers of hourly or nonexempt employees who receive quarterly or annual nondiscretionary bonuses is how to factor such bonuses into the employees’ regular rates of pay and calculate the appropriate overtime premiums due to...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Employer plans will still be able to exclude the value of drug manufacturer coupons from annual out-of-pocket maximums, even when no generic equivalent is available, under new guidance from the Department of Labor, Department of Health and Human...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On August 23, 2019, the National Labor Relations Board reversed precedent and rebalanced the rights of property owners versus the Section 7 rights of employees in a labor dispute. In Bexar County Performing Arts Center Foundation d/b/a Tobin Center...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Every private construction project in Illinois will be affected by a new law, effective immediately. The Contractor Prompt Payment Act (815 ILCS 603/1, et seq.) was amended to restrict the use of retainage on construction projects. Specifically, no...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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If you are a sports fan, then you might consider the regulatory agenda of the U.S. Department of Labor (DOL) in general, and the Wage and Hour Division (WHD) in particular, as winding down to the end of the third quarter of a football game or moving...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On August 8, 2019, the Department of Labor (DOL) issued an opinion letter confirming that a parent is entitled to time off under the Family and Medical Leave Act (FMLA) to attend a meeting at school to discuss his or her child’s Individualized...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Signaling a growing movement to align culturally inclusive practices with legal protections, California has become the first state to expressly ban discrimination based on hairstyle and hair texture associated with a person’s race. On July 3, 2019,...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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On August 15, 2019, the Equal Employment Opportunity Commission (EEOC) added a question and answer to its list of frequently asked questions (FAQs) addressing, among other things, a growing concern for many employers: how to report employees who...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Final Overtime Rule Advances. The U.S. Department of Labor’s Wage and Hour Division’s proposal to increase the salary threshold regarding overtime pay to slightly more than $35,000 per year took another step forward in the regulatory process this...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Currently, certain employers are required under federal law to file annual Employer Information Reports (EEO-1) with the Equal Employment Opportunity Commission. These EEO-1s must contain data regarding demographics of the employer’s workforce....By: Ogletree, Deakins, Nash, Smoak & Stewart,
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