BW INSIGHTS

DOL Issues Final Rule On Retail or Service Establishment Commissioned Sales Exemption

By BrownWinick | 05.28.2020
The United States Department of Labor issued a final rule to simplify application of the commissioned sales exemption from the Fair Labor Standards Act (“FLSA”). Under that exemption, an employee may be treated as exempt from the FLSA overtime requirement if: (1) the employee works in a “retail or service” establishment, (2) earns a regular rate... Read More

COVID-19 As We Enter May: What Should Employers Be Thinking About?

By Danielle Smid | 05.04.2020
While legal considerations will vary by business priorities, practicalities, and industry, we have seen several recurring topics on employers’ minds as we begin a new month in this coronavirus pandemic. Below, I’ve outlined a quick list of topics to make sure your company is on top of: Leave requirements under Families First Coronavirus Response... Read More

PPP Portal Opens to Small Lenders Only for 8 Hours

By BrownWinick | 04.29.2020
On Wednesday, April 29, the U.S. Treasury and Small Business Administration (“SBA”) announced that for eight hours, big banks will be prevented from accessing the Paycheck Protection Program (“PPP”) portal. During this time, small lenders will have exclusive access to submitting applications for PPP loans. A lender with under $1 billion in assets... Read More

Small Business Exemption to FFCRA

By Danielle Smid | 03.31.2020
The Families First Coronavirus Response Act (FFCRA) contains a potential exemption for certain small employers who cannot afford to provide the childcare-related paid leave requirements under the FFCRA. Although we are still waiting on the official regulations to be issued by the DOL, there has been additional guidance issued by the DOL in the... Read More

Determining Whether Your Business Qualifies as Essential

By Brennan Block | 03.26.2020
More and more state and local governments are issuing “stay at home” orders that require all non-essential businesses to cease operations and send employees home. We’ve received many client questions regarding the ramifications of these orders, the definition of an “essential business,” and the registration requirements for essential businesses.... Read More

DOL Updates Effective Date and Issues Model Notice Posters

By BrownWinick | 03.25.2020
As noted in our last post, the Department of Labor announced the effective date of the new federal leave laws is April 1, and not April 2. In related news, today, the Department of Labor has issued its model notice posters for Emergency Paid Sick Leave and Expanded FMLA Leave under the FFCRA. The notice for private employers can be found here:... Read More

Option for Avoiding Total Layoffs During COVID-19

By Danielle Smid | 03.18.2020
This is not a new program but has new features to assist employers in trying to avoid layoffs. Iowa Workforce Development describes its “Voluntary Shared Work Program Unemployment Insurance Benefits” (VSW) below: “The program is intended for use as an alternative to layoffs and can be an effective tool for Iowa businesses experiencing a temporary... Read More

Employer Guidance Regarding COVID-19 Impact on Unemployment Benefits in Iowa

By Danielle Smid | 03.18.2020
Do employees need to exhaust all vacation, sick leave, or personal time off (PTO) time prior to claiming unemployment benefits? Yes. If an employer offers vacation, sick leave, or PTO time to employees, the employees must exhaust those benefits prior to claiming unemployment benefits. Are employers required to lay off employees in order for the... Read More

2020 Legislative Session - Week 6

By BrownWinick | 02.21.2020
Lawmakers focused heavily on committee work this week, as they raced to beat Friday’s first funnel deadline. Most legislation that hasn't passed full committee in either the Senate or the House isn't eligible for consideration the rest of session. (The major exceptions to this rule are bills dealing with taxes, spending, or government oversight.)... Read More

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