Alabama DOL Publishes Emergency Rules for Handling Appeals to Employers’ Denials of Vaccine Exemption Requests

Alabama Governor Kay Ivey recently signed into law Senate Bill (SB) 9, which restricts Alabama employers from requiring COVID-19 vaccination as a condition of employment. SB 9 directs Alabama employers to “exempt vaccination as a condition of employment for any employee who has completed and submitted [an] exemption form” and “liberally construe [an] employee’s eligibility for an exemption in favor of the employee.”

Nasdaq Amends Proposed Rule on Board Diversity to Provide Compliance Flexibility

On December 1, 2020, Nasdaq filed a proposed rule with the U.S. Securities and Exchange Commission (SEC) that would require certain Nasdaq-listed companies to have at least two diverse directors (according to self-reported gender, race, and sexual orientation) or explain why the company has not been able to meet the proposed minimum diversity standards, and disclose certain board diversity-related statistics.

CDC Issues Guidance for Universities and Colleges on Safely Opening Campuses

On May 21, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued Considerations for Institutes of Higher Education, outlining recommendations and guidance on ways universities and colleges can safely open while helping to protect their students, faculty, staff, administrators, and community members. The CDC cautions that “[t]he more an individual interacts with others, and the longer that interaction, the higher the risk of COVID-19 spread.”

Florida Restaurant and Lodging Association Releases Reopening Guidance for Restaurants and Hotels

On April 27, 2020, the Florida Restaurant and Lodging Association (FRLA) released its Critical COVID-19 Guidance Standards for Hospitality Reopening. The FRLA, with input from its restaurant subject matter expert team, developed the guidance in order to safely and expediently reopen restaurants to combat the devastating impacts of the COVID-19 pandemic.

What the DOL Guidance on Nondiscretionary Bonuses Means for Nonexempt Employees

A common challenge for employers of hourly or nonexempt employees who receive quarterly or annual nondiscretionary bonuses is how to factor such bonuses into the employees’ regular rates of pay and calculate the appropriate overtime premiums due to those employees who work more than 40 hours in a workweek. In July 2019, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FLSA2019-7, which discusses how employers may account for overtime pay as part of annual and quarterly nondiscretionary bonuses.

Department of Labor Applies Ministerial Exception Under the Fair Labor Standards Act

The United States Department of Labor’s Wage and Hour Division (WHD) issued an opinion letter, FLSA2018-29, on December 21, 2018, concluding that members of a religious organization were not subject to the Fair Labor Standards Act (FLSA) based on the ministerial exception and, as an additional reason, because the members did not expect compensation for the work performed.