Photo of Robert Boonin

Robert Boonin

Subscribe to Robert Boonin's Posts

A skilled labor and employment attorney and highly educated labor management scholar, Rob advises clients across the United States, including closely held companies, publicly traded corporations, local units of government, K-12 school districts, charter schools, community colleges, and state universities.

Contact:Read more about Robert Boonin

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

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.
Continue Reading Insights & Updates – Independent Contractor Changes

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.
Continue Reading Insights & Updates—National Labor Relations Board & PRO Act Legislation

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

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

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