As winter once again approaches, employers, particularly those in cold-weather states, face the recurring specter of inclement weather affecting business operations and employee attendance. While the weather may create stress and disruption for a business and its people, employers must not lose sight of the fact that the rules governing how you pay your employees continue to apply throughout any weather event.
Department of Labor Issues Final Rule Updating Regulations Addressing When Pay and Benefits Factor into the FLSA Regular Rate
On December 16, 2019, the United States Department of Labor’s Wage and Hour Division (“WHD”) published in the Federal Register a Final Rule updating the Fair Labor Standards Act (“FLSA”) regulations that govern, among other things, whether certain types of pay and benefits constitute part of a non-exempt employee’s regular rate of pay for purposes of calculating overtime under federal law. Under section 7(e) of the FLSA, an employee’s regular rate for any given workweek “shall be deemed to include all remuneration for employment paid to, or on behalf of the employee, but shall not be deemed to include” pay or benefits falling within eight enumerated exclusions.
The National Labor Relations Board (“Board” or “NLRB”) has announced that it is publishing proposed changes to its Rules and Regulations that will begin to reverse the Board’s 2014 changes, which took effect in 2015, to its representation election rules and procedures commonly referred to as the “ambush election rules.” The proposed final rule is expected to be published in the Federal Register on December 18, 2019 and to become effective 120 days after publication.
December 13, 2019 — The Supreme Court issued yesterday a much anticipated decision on the application of family patrimony rules where a family residence is held by a trust rather than by either spouse.
In Yared v. Karam, 2019 SCC 62, the Supreme Court, in a 5–2 decision, resolved the issue by deciding that the value of a family residence held in a trust can be included in the family patrimony when it is determined that a spouse retains the rights that confer use.
See below to download it in PDF format—following is an excerpt:
The Court of Appeal Clarifies the Impact of Expert Opinions on the Burden of Proof in an Action for Latent Defects
By Gabriel Chaloult Lavoie, from our Insurance Law Practice Group
December 11, 2019 — In Groupe Royal inc. v. Crewcut Investments Inc., 2019 QCCA 1839, the Court of Appeal affirmed that in an action for latent defects, the Plaintiff’s expert opinions are not required, whereas those filed in defence must demonstrate the precise cause of the defect in order to rebut the presumption.
Connolly Gallagher is pleased to announce that Lisa R. Hatfield has joined the firm as Of Counsel in its Government Law, Arbitration and Mediation, and General Litigation groups. Her practice will include alternative dispute resolution, litigation and bankruptcy. “We are delighted to have Lisa join Connolly Gallagher,” said Newark office managing partner, Max Walton. “Her dispute resolution and litigation experience will be a tremendous asset to our team, and we welcome her exemplary litigation and problem solving skills.”
NLRB’s General Counsel Signals Major Shift in Neutrality Agreement Between Employers and Unions Seeking to Organize Their Employees
The General Counsel for the National Labor Relations Board (“Board” or “NLRB”) has signaled what may be a major resetting of the law on the Board’s position concerning the legality of so called neutrality agreements, in which employers make concessions and accommodations to labor unions seeking to organize and represent their employees. This occurred with the General Counsel’s consideration of an appeal by the National Right to Work Legal Defense Foundation, Inc. (the “Fund”) of a dismissal of an unfair labor practice charge had filed against United Here! Local 8 (“Union”) and Embassy Suites by Hilton, Seattle Downtown Pioneer Square (“Employer”) on behalf of an employee who did not wish to be represented by the Union after the Employer had entered into an agreement with the Union that enabled the Union to gain recognition of employees of the Employer without having to win a secret ballot representation election conducted by the Board.
December 9, 2019 — Charles E. Flam, Managing Partner of Robinson Sheppard Shapiro, is pleased to announce that William Dion-Bernard, a member of our Estates, Wills and Trusts Practice Group, has been admitted to the partnership.
ROYAL OAK, Mich., December 5, 2019 – Royal Oak, Mich.-based Howard & Howard expanded it corporate practice with the addition of Carter A. Goetz. He will practice out of the firm’s Chicago office.
“I am a corporate attorney who assists clients with their strategic and financial transactions.”