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As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts tagged employer.
Legal Considerations When Terminating an Employee

Do you have an employee whose performance isn't cutting it? If so, you will want to read this summary of the considerations and steps to take before terminating an employee.

Many employers terminate employees without following some basic procedures that take little effort on the part of the employer but can prevent major headaches later. Following these rules prior to termination can help employers avoid problems post-employment and can provide a full defense to an employee’s claim of wrongful termination.

Can Employers Require Employees to Get the COVID-19 Vaccine?

The arrival of the COVID-19 vaccine foretells a return to normalcy (or some semblance of normalcy) in the workplace and beyond. As the vaccine becomes more widely available, many employers are grappling with the question of whether they can require employees to get vaccinated. 

The answer is yes, but with some limitations.

Deck the Halls (but stay Home) this Holiday Season

The 2020 holiday season is fast approaching. By one recent estimate, nearly 40% of Americans are planning to travel for the holidays, many to visit with family, friends, and loved ones for the first time since the start of the COVID-19 pandemic. Yet there are some parts of the U.S., especially the mid-west and south, that are currently experiencing significant spikes in the rate of COVID-19 infections. The CDC continues to actively discourage travel during the COVID-19 pandemic because “travel increases your chance of getting and spreading COVID-19.”  

IRS Releases Instructions to Form 941 Expanding on Prior Guidance on Deferral of Social Security Tax

On October 1, 2020, the IRS released instructions for Form 941 providing additional guidelines for reporting deferred Social Security taxes pursuant to the President's Memorandum (discussed previously on our blog) and IRS Notice 2020-65

Background

On August 8, 2020, the Presidential Memorandum directed the Secretary of the Treasury to use his authority pursuant to section 7508A of the Internal Revenue Code to defer the withholding, deposit, and payment of certain payroll tax obligations.

Summer Camps Closed Due to COVID-19? DOL Issues Additional Guidance for FFCRA Leave Eligibility

With the arrival of summer the U.S. Department of Labor (“DOL”) issued some additional guidance last week to clarify when an employee may take leave under the Family First Coronavirus Response Act (“FFCRA”) to care for the employee’s child based on the closure of a summer camp, summer enrichment program, or other summer program for COVID-19-related reasons. The new guidance adds some gloss to the partial answer previously provided by the DOL earlier in the month, when it addressed the availability of FFCRA leave in the context of pending school summer closures, which you can read about here.

Employer Antibody Testing for COVID-19 Violates the ADA, According to New EEOC Guidance

The Equal Employment Opportunity Commission posted an update on June 17, 2020 to its COVID-19 / ADA technical assistance for employers (A.7.) to address whether the ADA permits employers to require COVID-19 antibody or serologic testing before allowing employees to reenter the workplace. The ADA does not permit serologic testing, according to the EEOC. 

Virginia Enacts Dramatic and Far-Reaching Employment Law Protections, Part 2

This blog post follows Doug Taylor’s April 27, 2020 post about the recent wave of employee-friendly changes to Virginia law. In addition to the changes discussed in Doug’s post related to wage theft, non-competes, workplace discrimination, and whistleblower protections, new Virginia legislation imposes significant consequences on employers for misclassifying employees as independent contractors, substantially increases the minimum wage, and makes general construction contractors liable for subcontractors’ failure to pay wages.

Government Enacts Stimulus Package with Extensive Benefits for Employers and Employees

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief and Economic Security (CARES) Act, which is the third major piece of legislation to address the coronavirus crisis. The unprecedented $2 trillion relief bill provides, among other things, stimulus payments to individuals, expanded unemployment insurance, student loan and retirement account rule changes, and massive loans for businesses (some of which are forgivable). 

When Can an Employer Deduct from the Pay of an Exempt (Salaried) Employee?

To be exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA), an employee must perform certain duties and be paid on a “salary basis,” meaning that the employee receives a set salary each week, regardless of the number of days or hours worked, with limited exceptions. Under the FLSA, an employer may deduct from the pay of an exempt employee only under the following circumstances:

  • No work: When an exempt employee performs no work for an entire workweek, the employer is not required to pay the employee’s salary for that week.
What to Consider When Engaging Foreign Independent Contractors

In today’s global economy, it has become increasingly common for companies based in the United States to engage workers who live abroad for various purposes. U.S. companies often classify these workers as “independent contractors” to avoid having to navigate the employment landscape in other countries. However, U.S. companies should be aware of the potential pitfalls of misclassifying foreign workers, particularly in countries where employment laws tend to be more employee-friendly than U.S. law. Employers should consider the following factors when engaging foreign independent contractors to work abroad.