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Articles by Christopher Cognato
Approaching Deadline to Comply with In-Person Review of Employee I-9 Documentation | JD Supra
Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United States. At the end of July 2023, those flexibility rules will sunset – although businesses will have until the end of August to fully comply.
Approaching Deadline to Comply with In-Person Review of Employee I-9 Documentation
Since March 2020, the federal Department of Homeland Security (DHS) has permitted employers the flexibility to engage in remote review of certain new employees’ proof of their identity and authorization to work in the United States. At the end of July 2023, those flexibility rules will sunset – although businesses will have until the end of August to fully comply.
What legal issues do employers need to consider in 2023?
With great power comes great responsibility. Understanding the ins and outs of being an employer is critical for building the foundational underpinnings of your startup’s culture and ability to retain talent. As employers, startup founders must consider federal laws and varying state and city laws, a thicket of rules made all the more complicated by the increasingly remote-work world in which we live.
Back to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two
Part two of our “Back to School” webinar series will take a look at looming issues for employers as they face an uncertain economic forecast while still dealing with novel challenges created by the COVID-19 pandemic. Despite unemployment rates remaining steady, a changing economy has many employers anticipating the need to reduce their workforce and re-thinking workforce management.
Webinar Recording: Back to School – Remembering the 4 R's: RIFs, Restructuring, Requests for Accommodations, and Recruitment in Uncertain Times
As COVID lingers and the economy remains uncertain, employers face a host of issues. Recently, a group of Ballard Spahr attorneys hosted part one of a two part webinar series to revisit the basics, as well as novel issues, related to aligning your workforce to your business needs.
Federal District Court Finds Public University Cannot Require Student to Permit Virtual Room Scan During Tests | JD Supra
Well before the pandemic, many schools and private test administrators began to permit test-takers to participate in exams remotely, including from their homes. As a typical security measure, these entities would require students to show test administrators their surroundings virtually before beginning testing, a practice often referred to as a “room scan.” Since 2020, the practice of online testing, including a room scan, has become only more prevalent.
USDOL Publishes Final Rule Regarding Monetary Penalties Against Employers for Tip Violations | JD Supra
On September 23, 2021, the U.S. Department of Labor (DOL) published a final rule announcing when it will assess civil money penalties (CMPs) against employers who retain tips earned by their workers. Under the rule, available here, the DOL may assess a penalty of up to $1,100 per violation each time it finds an employer retained employee tips, regardless of whether the violation is repeated or willful.
Department Of Labor Proposes Thirty-Minute Maximum For Tip Credit Wages For Sidework
United States: Department Of Labor Proposes Thirty-Minute Maximum For Tip Credit Wages For Sidework 25 June 2021 by Christopher T. Cognato and Jay A. Zweig Ballard Spahr LLP To print this article, all you need is to be registered or login on Mondaq.com.
Department of Labor Proposes Thirty-Minute Maximum for Tip Credit Wages for Sidework | JD Supra
On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before they would be owed a full minimum wage from their employer. The public will have until August 23, 2021 to comment on the DOL’s proposed regulations.
Department of Labor Proposes Thirty-Minute Maximum for Tip Credit Wages for Sidework
On June 21, 2021, the U.S. Department of Labor (DOL) announced that it will propose new regulations limiting the amount of time that tipped employees, like food servers or bartenders, can perform on non-tipped work before they would be owed a full minimum wage from their employer. The public will have until August 23, 2021 to comment on the DOL’s proposed regulations.
HHS to Enforce Section 1557 of the Affordable Care Act to Prohibit Discrimination Based on Sexual Orientation and Gender Identity
Employers with employee health plans subject to the Affordable Care Act (ACA) should take note that, earlier this week, the U.S. Department of Health and Human Services (HHS) announced that its Office for Civil Rights (OCR) will begin enforcing Section 1557 of ACA to prohibit discrimination based on sexual orientation and gender identity.
Eleventh Circuit Overturns Landmark Accessibility Decision in Winn-Dixie, Determines Certain Websites Are Not “Public Accommodations” Covered by Title III of the ADA | Ballard Spahr LLP - JDSupra
On April 7, 2021, the Eleventh Circuit Court of Appeals ruled that Winn-Dixie Stores’ websites are not “public accommodations” and therefore are not subject to the accessibility requirements of Title III of the Americans with Disabilities Act (“ADA”). The decision reversed a 2017 federal district court opinion – in what may be the only website accessibility case to ever go to trial – that required the grocery store chain to make its website accessible to individuals with visual disabilities.
Eleventh Circuit Overturns Landmark Accessibility Decision in Winn-Dixie, Determines Certain Websites Are Not “Public Accommodations” Covered by Title III of the ADA
On April 7, 2021, the Eleventh Circuit Court of Appeals ruled that Winn-Dixie Stores’ websites are not “public accommodations” and therefore are not subject to the accessibility requirements of Title III of the Americans with Disabilities Act (“ADA”). The decision reversed a 2017 federal district court opinion – in what may be the only website accessibility case to ever go to trial – that required the grocery store chain to make its website accessible to individuals with visual disabilities.
Department of Labor Announces Proposed Rules to Reconsider Tipped-Worker Regulations | JD Supra
On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date of several rules the agency published during the Trump Administration.
Department of Labor Announces Proposed Rules to Reconsider Tipped-Worker Regulations
On Tuesday, the Department of Labor (DOL) announced that it had issued two Notices of Proposed Rulemaking (NPRM) concerning tipped workers’ compensation. If adopted, the NPRM would delay, for a second time, the effective date of several rules the agency published during the Trump Administration.
Biden Administration Changes PPP Again, Announces Exclusive Window for Small Businesses, Sole Proprietors, and Independent Contractors | JD Supra
The Biden Administration announced further changes to the Payroll Protection Program (PPP). These changes are aimed at increasing lending to small business and independent contractors, removing barriers to borrowing, enhancing transparency, reducing fraud, and increasing the program’s engagement with other would-be borrowers.
HIPAA Privacy Rule and Security Rule Developments to Note Early in 2021 | JD Supra
The Health Insurance Portability and Accountability Act (HIPAA) has been the subject of several major developments already in 2021. Healthcare providers, health plans, healthcare clearinghouses, and business associates subject to HIPAA must consider these developments to comply with HIPAA’s technical requirements through 2021 and beyond. For those entities subject to the HIPAA Privacy Rule and Security Rule, our team of HIPAA lawyers has penned an Alert describing these developments in detail.
D.C. Circuit Decision Clouds Joint Employer Battle | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Mayor Kenney Signs Philadelphia Fair Workweek and Minimum Wage Bills Into Law | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Mayor Kenney Signs Philadelphia Fair Workweek and Minimum Wage Bills Into Law
Thursday, December 27, 2018 Philadelphia Mayor Jim Kenney signed two bills last week that provide affected employees in the City with more scheduling certainty and higher wages. The first bill, the Fair Workweek Employment Standards Ordinance, requires employers with at least 250 employees and 30 locations worldwide in the retail, food services, and hospitality industries to provide their employees with more certainty regarding their work schedules, among other reforms.
CA Supreme Court Decision Calls for Reevaluation of Worker Classifications | JD Supra
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U.S. District Court Invalidates Pending FLSA Rules
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Federal Appeals Court Rules Mortgage Underwriters Owed Overtime for Work in Excess of 40 Hours in Workweek
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Managing Divisive Politics in the Workplace
Prior to the 2016 presidential election, media commentators expected the divisive political atmosphere that had permeated American society to dissipate after the vote. Months into President Donald Trump's administration, that is anything but the case. Instead, the manner in which national politics increasingly encroaches on our personal and workplace relationships appears to have become a new normal.
Managing Divisive Politics in the Workplace
Prior to the 2016 presidential election, media commentators expected the divisive political atmosphere that had permeated American society to dissipate after the vote. Months into President Donald Trump's administration, that is anything but the case. Instead, the manner in which national politics increasingly encroaches on our personal and workplace relationships appears to have become a new normal.
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