What Does the Supreme Court’s Decision Not to Review the Standard for Attorney-Client Privilege Mean for Employers?
As workplace issues have become more complex, human resource professionals and managers often turn to employment lawyers for advice in sorting out matters involving the interaction between business requirements and the requirements of employment laws and regulations. When is such advice protected from disclosure under the attorney-client privilege? Learn More
New York City D.A. Wants to Prosecute Wage Theft as a Crime
On February 16, 2023, Manhattan District Attorney Alvin L. Bragg, Jr. announced that his office has partnered with the New York State Department of Labor and local law enforcement to create the “Worker Protection Unit” and “Stolen Wages Fund.” The newly created Worker Protection Unit will focus on pursuing criminal charges against companies and individual executives and managers who deprive (or “steal”) wages from their workers. The Stolen Wage Fund will seek to compensate alleged victims of wage theft who cannot be adequately compensated through civil or criminal actions against the employer. Learn More
OSHA Withdraws Proposal to Revoke Arizona’s State Plan
On February 14, 2023, the federal Occupational Safety and Health Administration (OSHA) announced that it would be withdrawing its proposal to reconsider and revoke Arizona’s State Plan. This announcement was expected by many in the industry after OSHA reopened the comment period for its proposal in August 2022 and postponed a public hearing that had been scheduled for that month. The withdrawal became effective on February 15, 2023. Learn More
Supreme Court Holds Day Rate Pay Cannot Satisfy the Salary Basis Test
On February 22, 2023, the United States Supreme Court issued its opinion in Helix Energy Solutions Group, Inc. v. Hewitt, holding that paying an employee a “day rate” does not satisfy the salary basis test under the white-collar exemptions to the Fair Labor Standards Act (FLSA). Because of this ruling, even highly compensated employees may be eligible to receive overtime if they are paid solely on a day-rate basis. Learn More
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