Lindsay M Massillon

Lindsay M Massillon

June 21, 2021 | Daily Business Review

What Employers Need to Know About the EEOCs Updated Vaccine Guidance

On May 28, the U.S. Equal Employment Opportunity Commission (EEOC) published updated questions and answers directly related to the increasing confusion regarding implementation of vaccination policies as employers look to get back to business.

By Lindsay M. Massillon

5 minute read

February 05, 2021 | Daily Business Review

OSHA's New, Stronger COVID-19 Guidance—Are You Compliant?

On Jan. 21, 2021, President Joe Biden signed an executive order on protecting worker health and safety that directed the Occupational Health and Safety Administration (OSHA).

By Lindsay M. Massillon

4 minute read

January 21, 2021 | Daily Business Review

A Happy Start to the New Year: DOL Issues Final Rule on Independent Contractors

The Final Rule adds a new Part 795 to the Fair Labor Standards Act (FLSA) titled "Employee or Independent Contractor Classification under the Fair Labor Standards Act."

By Lindsay M. Massillon

7 minute read

November 23, 2020 | Daily Business Review

An Employer's Guide to COVID-19 Vaccines

It is not too early for employers to consider how to approach vaccinations and develop a policy to add to the company's existing COVID-19 procedures.

By Lindsay M. Massillon

5 minute read

October 08, 2020 | Daily Business Review

New Rule Significantly Changing Who Is—And Is Not—an Employee Under the FLSA

On Sept. 22, the Department of Labor (DOL) released a notice of proposed rulemaking (NPRM) proposing a new rule clarifying the standard for evaluating whether a worker is an employee or an independent contractor.

By Lindsay M. Massillon

6 minute read

September 16, 2020 | Daily Business Review

DOL Responds: New Temporary Rule Addresses Decision Striking Down Prior Regulations

These revisions are in direct response to the ruling by a U.S. District Court judge in New York invalidating certain provisions of the April 1 temporary rule that created uncertainty for employers and practitioners nationwide.

By Elizabeth P. Johnson and Lindsay M. Massillon

8 minute read

July 27, 2020 | Daily Business Review

NLRB Decision Corrects 'Injustice' Employers Face When Disciplining Employees for Abusive Conduct

On July 21, the National Labor Relations Board (NLRB) issued a decision that provides employers with guidance on disciplining employees who resort to using profanity, hate speech, or other offensive statements in the workplace while engaged in concerted activity.

By Elizabeth P. Johnson and Lindsay M. Massillon

7 minute read

June 04, 2020 | Daily Business Review

DOL Issues Final Rule on Fluctuating Workweek Method of Calculating Overtime

The final rule, effective 60 days from the date of publication, provides much-needed clarification on this method of compensation that has confounded many employers and resulted in different interpretations by the courts.

By Elizabeth P. Johnson and Lindsay M. Massillon

7 minute read

May 22, 2020 | Daily Business Review

The Post-Pandemic Employer—Five Tips for Management to Avoid Liability

Phase One of Florida's reopening plan is underway for most of the state. Now is the perfect time for South Florida's business owners and management to prepare to face the novel employee issues that will arise when resuming full operations.

By Elizabeth P. Johnson and and Lindsay M. Massillon

9 minute read

January 14, 2020 | Daily Business Review

Final DOL Rule on Joint Employers Goes Into Effect March 16

The joint employer relationship is a hotly contested issue within FLSA litigation because if an entity or individual is deemed to be a "joint employer" of an employee seeking overtime compensation or minimum wage, that entity or individual would be jointly and severally liable to the employee for any damages awarded for unpaid overtime or minimum wage.

By Elizabeth P. Johnson and Lindsay M. Massillon

4 minute read