BW INSIGHTS

ADA Does Not Cover Retirement Benefit Cuts

By Danielle Smid | 06.30.2025
In a 7–2 decision issued June 21, 2025, the U.S. Supreme Court held that the Americans with Disabilities Act (ADA) does not cover former employees who are no longer able to work due to a disability. In Stanley v. City of Sanford, the Court ruled that Title I of the ADA applies only to individuals who can perform, or seek to perform, the essential... Read More

How A Trump Second Term Will Affect the National Labor Relations Board and the Equal Employment Opportunity Commission

By John R. Watson | 11.14.2024
With a change of administration employers can expect shifting policies. For a second Trump term, employers can likely expect similar policies as to the first Trump administration. A Republican president typically means that the National Labor Relations Board (NLRB) will ease up on prosecuting employers for alleged labor violations and shift... Read More

DOL Independent Contractor Final Rule

By Danielle Smid | 01.31.2024
On January 9, 2024, the Department of Labor (DOL) released its Final Rule which changes the criteria for classifying independent contractors under the Fair Labor Standards Act (FLSA). The Final Rule is set to take effect on March 11, 2024, and rescinds the 2021 independent contractor rule, replacing it with an analysis that the DOL explains, is... Read More

The NLRB Issues a Final Rule Regarding The Joint-Employer Standard

By Danielle Smid | 10.31.2023
On October 26, 2023, the National Labor Relations Board issued a final rule addressing how to determine whether two employers have joint-employer status. The final rule introduced a broadened standard as to who may classify as a joint-employer. The new standard will go into effect on December 26, 2023. A “New” Standard The final rule establishes... Read More

Minnesota Passes Paid Family and Medical Leave: Effective in 2026

By Danielle Smid | 08.09.2023
Paid Family and Medical Leave On May 25, 2023, Minnesota Governor Tim Walz signed a Paid Family and Medical Leave bill (HF 2). The law provides employees with up to 20 weeks of paid family or medical leave per year. The leave program will be administered by a new division of the Minnesota Department of Employment and Economic Development: The... Read More

Child Labor Regulations Relaxed in Iowa

By Danielle Smid | 06.16.2023
On May 26, 2023, Iowa experienced a significant development in its child labor laws as Governor Kim Reynolds signed a new bill into law. This legislation, which had previously cleared the state legislature (House 60-34, Senate 29-18), was submitted to Governor Reynolds for her final approval on May 3, 2023. The newly enacted law modifies existing... Read More

NLRB Returns to Previous Precedent for Employee Severance Agreements

By Danielle Smid | 03.30.2023
On February 21, 2023, the National Labor Relations Board (NLRB) issued a decision in McLaren Macomb, returning to previous precedent holding that employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act (NLRA). The decision involved severance agreements... Read More

IRS Updates Guidelines to Allow Deferral of Employer Social Security Tax

By BrownWinick | 07.15.2020
Following the passage of the Paycheck Protection Program Flexibility Act of 2020 (PPPFA), the Internal Revenue Service (IRS) has updated their FAQ regarding an employer’s ability to defer Social Security taxes. Now, even employers that have received partial or full forgiveness of their PPP loan may defer the payment of Social Security taxes due... 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

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