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Fresh Faces, Bright Minds. KWW Adds Two Summer Law Clerks
Kastner Westman & Wilkins expanded its summer clerkship program by adding two talented students from Ohio law schools to spend their summer at the Fairlawn management-side labor and employment law firm. Alissa Peeples and Mike Tontillo are second-year law school...
Covered Employers Must Provide More Detailed Pay Data to United States Equal Employment Opportunity Commission by September 30, 2019
Employers who are required to submit the annual Employer Information Report EEO-1 (“EEO-1 Report”) must now begin preparations to provide newly required “Component 2” data for 2017 and 2018 by September 30, 2019. United States District Judge Tanya Chutkan recently...
Is Your Organization Struggling to Recruit Qualified Employees?
By Jim Wilkins If you are the typical employer in NE Ohio (or beyond), the answer to the foregoing question is a firm “yes.” Before we tackle this issue, let’s pause for a minute and be grateful for this dilemma. Having too many jobs and seemingly not enough qualified...
Joint Employers: “Oh, the Staffing Company Pays Them”
As part of a recent flurry of rulemaking efforts, the U.S. Department of Labor (“DOL”) recently announced a proposed rule to determine when businesses and other organizations jointly employ workers under the Fair Labor Standards Act (“FLSA”). All employers who utilize...
U.S. Department of Labor Announces Proposed Update to Regulations Governing Overtime Calculation
A few weeks after previewing its new proposed white-collar overtime rule, the U.S. Department of Labor (“DOL”) announced another proposed rule, this time updating and adding some much-needed clarification to the regulations governing the calculation of what’s known as...
DOL Previews Long-awaited White-collar Overtime Rule
Think back to 2016, when President Obama was still in office and the presidential campaigns were in full swing. It was a busy time for many employers making adjustments to comply with a controversial rule issued by the Department of Labor (“DOL”) that drastically...
NLRB Overturns Obama-era Independent Contractor Standard
The National Labor Relations Board’s (the “Board”) recent ruling in SuperShuttle DFW, Inc. overturned Obama-era precedent and declared the Board’s return to its long-standing independent-contractor standard. In doing so, the Board provided a benefit to employers...
Department of Labor Outlines New Enforcement Position on “Side Work” and the FLSA’s Tip Credit
In a welcome development for employers in the hospitality industry, the U.S. Department of Labor (“DOL”) recently issued Field Assistance Bulletin 2019-2 (“Bulletin”), which provides Wage and Hour Division (“WHD”) investigators with guidance on enforcement positions...
Misclassifying Independent Contractors in Today’s “Modern Economy”
The United States Court of Appeals for the Sixth Circuit, which encompasses Ohio, recently issued an opinion that should serve as a cautionary tale for employers who classify workers as independent contractors rather than employees. In Acosta v. Off Duty Police...
Partial Government Shutdown Delays Deadline to Submit EEO-1 Report
Due to the partial government shutdown, the U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced that the deadline to submit 2018 Employer Information Reports (EEO-1 Reports) will be extended to May 31, 2019. According to the EEOC, the EEO-1 filing...
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