As promised, today the U.S. Department of Labor (DOL) issued a proposed rule under the Fair Labor Standards Act (FLSA) on the misclassification of employees as independent contractors. The proposed rule would replace the Trump-era rule of 2021, which has made it easier for employers to classify workers as independent contractors rather than employees by…

To our dedicated followers, if you are keeping score, we last reported that the U.S. Supreme Court temporarily blocked the Emergency Temporary Standard dictating larger employers implement a vaccine or testing mandate in its decision on January 13, 2022. (Supreme Court Blocks OSHA ETS But Upholds CMS Vaccine Mandate).  OSHA announced today that it is…

Did you know . . .  On February 17, the City of Fargo extended its mask mandate through at least March 22.  For employers located in Fargo, this mandate means that face coverings are still required in all indoor workplaces, unless an individual is exempt, such as for a medical condition or disability that prevents…

By Vanessa Lystad and Tatiana Hamilton Effective July 24, all Minnesotans are required to wear a face covering in indoor businesses and indoor public settings per the Executive Order of Governor Walz. This article explains how this Order affects businesses within Minnesota. Mandatory Face Coverings In general, the Order requires Minnesotans to wear a face…

By Employer Defense & Labor Law Practice Group Many employers are beginning to call back employees, who were temporarily allowed to telecommute, furloughed, or laid off in response to the COVID-19 crisis.  As a measure to protect the workforce, some employers may be considering mandatory COVID-19 testing of employees as a condition of their return. …