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Posts by Robert A. Boonin

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Showing 55 posts by Robert A. Boonin.

To Vax or Not to Vax: No Longer a Question for Larger Private Employers Under Biden’s Vaccine Mandate

On Thursday, September 9, 2021, President Biden announced his administration’s latest plan to increase the number of Americans who are vaccinated to combat the spread of COVID-19. For private employers, the most significant portion of the plan is President Biden’s direction to the Occupational Safety and Health Administration (OSHA) to develop an Emergency Temporary Standard (ETS) requiring employers with 100 or more employees to mandate vaccinations for their employees or require their employees to produce a negative COVID-19 test result on at least a weekly basis. This ETS is expected to cover approximately 80 million workers. Read More ›

DOL Rescinds Trump-Era Joint Employer Rule: Employers Beware!

On July 29, the Department of Labor (DOL) announced a final rule rescinding the Trump Administration’s Joint Employer rule. This move clearly reestablishes the DOL’s quest to broaden the scope of potential liability for businesses under the Fair Labor Standards Act (FLSA) for the wrongs of their subcontractors, franchisees and other entities. This move is consistent with the Biden Administration’s trend to reinstate the measures taken under the FLSA by the Obama Administration, including those taken to broaden the scope of who could be deemed joint employers under the FLSA. The rule promulgated by the Trump Administration had replaced an Administrator’s Guidance issued by the Wage and Hour Administrator of the Obama Administration, David Weil. Consistent with this trend, David Weil has been nominated to serve the current administration in the same role he held during the Obama Administration. Read More ›

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 ›