The Employment Law Counselor

In the newest episode of The Employment Law Counselor collaboration with Professional Liability Underwriting Society, Jeff Stewart sits down with Chris Williams from Travelers to understand how insurers underwrite EPLI policies, including what information they need, what factors they look at most, and even what industries they may stay away from.  In addition, Chris and Jeff preview PLUS’s upcoming EPLI symposium.

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On January 9, 2024, the United States Department of Labor (the “Department”) announced its final rule on classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). Effective March 11, 2024, the Department will again apply a totality-of-the-circumstances economic reality test to determine a worker’s status as either an employee or independent contractor.

Four Scores and Some Years Ago

Since the 1940s, the Department and courts have applied an economic reality test to determine whether a worker is an employee or independent ... Continue Reading

With the New Year here, new laws, rules and regulations are now in effect that may impact your company’s business. While finalizing employee handbook revisions and preparing for the year ahead, employers should consider the following:

State Minimum Wage Changes

The federal minimum wage ($7.25/hour) has not changed in over a decade, but state and local laws pertaining to minimum wage rates are constantly changing. Employers should consider reviewing applicable minimum wage laws in their jurisdiction and evaluate their workforce (standard/seasonal/tipped/minor workers, etc.) to determine employee rate of pay.Continue Reading

New York City passed legislation amending the New York City Human Rights Law (NYCHRL)
to prohibit discrimination on the basis of height or weight. The new law prohibits employment,
housing, and public accommodation discrimination on the basis of a person’s actual or perceived
height or weight. New York City joins the growing list of jurisdictions which provide protection to individuals based on their height, weight, and body size.¹

The new law generally prohibits New York City employers from discriminating against applicants
and employees on the basis of their actual or perceived height or weight in all employment
decisions.Continue Reading

In the newest episode of The Employment Law Counselor collaboration with Professional Liability Underwriting Society, Jeff Stewart interviews Mitch Terk, Vice President of Claims for Nexus Specialty, to explore how insurers and panel counsel work together.  They have an insightful discussion on how an insurance company selects and assigns panel counsel, building relationships, and avoiding surprises as a matter progresses through litigation.

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In this episode of the Employment Law Counselor, hosted by Jeff Stewart in collaboration with
Professional Liability Underwriting Society, Jeff is joined by Nancy Conrad, Managing Partner,
Lehigh Valley Office, for a discussion about how a new lawsuit is assessed and handled in the
first days after receiving the case. They look at how different parties – a business, an attorney
and an insurance company – work together to gather information and create an initial plan.

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As year-end approaches, companies, both large and small, are busy closing out 2023 and putting plans in place for 2024. A key priority that should not be neglected as you make preparations to close out an old year and start a new one is updating your employee handbook. An updated employee handbook can be an effective tool to prevent legal liability, set the policies that reflect the realities of your business and communicate expectations to your employees. However, an employee handbook that is out-of-date or out-of-touch can both expose your company to legal liability and garble any ... Continue Reading

On August 8, 2023, the New Jersey Department of Labor and Workforce Development (DOL) implemented the Workplace Accountability in Labor List (the WALL) — a public list, accessible through the DOL website, that includes the names of employers found to be in violation of New Jersey State wage, benefit and tax laws and have outstanding liabilities to the DOL. Such liabilities might include unpaid wages or unemployment insurance contributions to the State.

Employers may appear on the WALL following a final order or judgment issued by the DOL. The DOL will issue its final order or ... Continue Reading

In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse by failing to excuse her from the obligation to work overtime when needed.

The nurse was diagnosed with rheumatoid arthritis and interstitial lung disease, causing her to experience stiffness, lack of energy, difficulty breathing, pain in her lungs and an inability to run or climb stairs. In 2007, the hospital excused her from working overtime as a temporary ... Continue Reading

In Chapoteau, et al. v. Bella Sante, Inc., et al., the Massachusetts Appeals Court held that operators of beauty and massage spas that primarily render beauty and massage services were required to pay employees Sunday premium pay where the spas also sold retail products on Sundays.

Prior to January 1, 2023, Massachusetts law generally prohibited commercial activities on Sunday, but provided numerous exemptions, including for the operation of businesses that provided beauty and massage therapy services. Another exemption allowed businesses to sell retail goods on Sundays ... Continue Reading