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Posts by Robert A. Boonin

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Showing 53 posts by Robert A. Boonin.

Lessening Liability for Unpaid Overtime Pay Claims: The Best Defense is a Good Offense

The Problem

The Biden DOL is primed to aggressively pursue errors made with respect to the payment of overtime compensation as required by the Fair Labor Standards Act (FLSA). While doing so, it’s also primed to assert claims for liquidated damages whenever it finds errors, even for errors that were inadvertent, and even for those that may seem nominal. These liquidated damages are equal to the amount of unpaid overtime its investigators deem due. Read More ›

Insights & Updates — Minimum Wage and Overtime

In today’s Insights & Updates chat, Robert Boonin, from Dykema’s Labor & Employment Group, and James Brandell, a Government Policy Advisor from Dykema’s Washington, D.C., office, discuss what is on the Biden Administration’s agenda in terms of redirecting wage and hour law. Read More ›

Insights & Updates – Independent Contractor Changes

In this episode of Insights & Updates, Robert Boonin, from Dykema’s Labor & Employment Group, and James Brandell, a Government Policy Advisor in Dykema’s Washington, D.C., office, discuss the evolving legal standards for determining who are “independent contractors” versus “employees” in the eyes of the courts, the Department of Labor (DOL), and the National Labor Relations Board (NLRB). This is critical due to the Biden Administration’s apparent view being that many independent contractors are really misclassified employees, and such misclassifications expose employers to substantial liability. Read More ›

Insights & Updates—National Labor Relations Board & PRO Act Legislation

Today’s Insights & Updates chat highlights critical issues both unionized and non-unionized employers need to understand. In this episode, Robert Boonin, from Dykema’s Labor & Employment group, along with James Brandell, who is a Government Policy Advisor in Dykema’s Washington, D.C., office, discuss all things related to how the National Labor Relations Board (NLRB) is priming itself to dramatically change current labor law principles, as well as how the Protecting the Rights to Organize Act (PRO Act) would redesign the longstanding rules and processes under the National Labor Relations Act (NLRA) to make it easier for unions to organize employees. Read More ›

Five Minute Matters – Paid Leave

In today’s Five Minute Matters chat, Robert Boonin, from Dykema’s Labor & Employment group, discusses paid leave with James Brandell, who is a Government Policy Advisor in Dykema’s Washington, D.C., office. Rob and Jim address the following aspects of paid family leave:  Read More ›

Change is Near: What the Biden Executive Order Means for Title IX Misconduct Claims

On March 8, President Biden took his first steps in reversing the Trump Administration’s Title IX policy by issuing an Executive Order 14021 (“Order”) directing the Secretary of Education to review the Title IX rules issued by the Trump Administration.

What does the Executive Order say? Read More ›

Are Parts of Paid COVID-19 Leave Regulations in Jeopardy? Federal Court Rejects Parts DOL’s FFCRA Regulations, Employers Brace for Possible Fallout

On Monday, August 3, 2020, a New York federal judge issued a decision invalidating portions of the DOL’s regulations implementing the Families First Coronavirus Relief Act (“FFCRA”). The decision’s impact changes the legal landscape employers confront as they strive to comply with the FFCRA—a landscape that is unstable as the DOL and the courts sort out the legality of the disputed regulations. Read More ›

National “Strike for Black Lives” Planned for Monday, July 20

Will your employees be walking off the job on Monday?

A few unions (primarily the SEIU) and a coalition of social justice advocacy groups (primarily the Movement for Black Lives) are encouraging workers to engage in a nationwide job walk-off for eight minutes and 46 seconds this coming Monday, July 20th. It appears that longer, more formal protests will also be held that day. The action is referred to as a “Strike for Black Lives,” but coalition members are also advocating for a $15 minimum wage. Read More ›

Paycheck Protection Program Loan Forgiveness Not Impacted by Employees Who Won’t Return to Work, If Properly Documented

As borrowers use their loan proceeds from the Paycheck Protection Program (PPP) to continue or restore payroll and call back laid-off employees, they may encounter reluctance or refusal by employees to return to work, which could impede borrower’s ability to obtain full forgiveness on their PPP loan. Borrowers looking toward full forgiveness of the loan amount must maintain a staffing level[1] during the eight-week period following the funding of the loan at the level maintained during a comparative period preceding the loan, as described in Section 1106(d)(2) of the CARES Act.[2] Read More ›

DOL Issues More FFCRA Compliance Guidance on Paid Leaves

Guidance Focuses on Concurrent Leave Issues, Hours to be Paid During Leaves, and Regular Rates of Pay Applicable

Now that covered employers are providing paid leaves under the Families First Coronavirus Act (the “FFCRA”), more questions about the FFCRA’s nuances are surfacing. In an effort to further guide employers who are trying to navigate the new law, the Department of Labor has added to its growing list of FAQs about the FFCRA, which includes clarification of some of its earlier answers. The substantive changes are contained in FAQs 80 through 88, in which the DOL focuses on the calculation of available leave time and regular rates of pay to be used for FFCRA paid leaves. The following will highlight these new guidance topics. Read More ›