Congress Passes $900 Billion Coronavirus Relief Bill

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On Monday night, Congress passed a $900 billion economic relief package referred to as the Consolidated Appropriations Act, 2021. The bill is awaiting the President’s signature. Given the size of the legislation (nearly 5600 pages), this newsletter is meant to be a brief overview of key areas for the Firm’s clients. In addition to what is outlined below, the legislation also contains language relating to student loans, rental assistance, and medical bills among other items.

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Are You Compliant with the New Overtime Law Effective January 1, 2020?

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The Department of Labor recently announced a final rule to make 1.3 million American workers newly eligible for overtime pay under the Fair Labor Standards Act (“FLSA”). This significant change applies to all employers subject to the FLSA. Those changes will go into effect January 1, 2020.

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Pay Now or Pay Later: Can You Hire an Unpaid Intern?

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With summer here many companies plan to bring on summer interns who are home from college. It’s not uncommon for interns to even approach you about working unpaid because they want the experience. Regardless of the intent, the Department of Labor (DOL) regulates the paying of interns in the way it regulates the pay of all employees.

In January 2018 the DOL adopted a primary-beneficiary test which replaced the previous six factor test for for-profit employers. This new test is more forgiving to employers as it looks at the totality of the circumstances, as opposed to requiring that each factor be met (as was the previous case).

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Independent Contractor Liability Exposure

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Despite rapid growth, the gig economy continues to confound businesses and courts alike. An April 2015 study by the U.S. Government Accountability found that 40.4% of the country’s jobs are contingent—up 10% since 2005. Now, just a year after Lyft paid a $27 million dollar settlement to address potential employee misclassification, a court in Philadelphia ruled that, under Federal and Pennsylvania state law, Uber limousine drivers were properly classified as independent contractors (and not as employees). Two similar businesses with two very different outcomes. How can you deal with the risks created by this uncertainty?

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