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January 2020's Converge Newsletter
DOL Makes Historic, Pro-Business Changes to FLSA Joint Employer Test
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January 14, 2019 via Reed Smith

On January 12, 2020, the U.S. Department of Labor (DOL) issued its final rule updating and revising its interpretation of joint employer status under the Fair Labor Standards Act (FLSA). The new rule simplifies the FLSA joint employer analysis with a four-factor test for determining whether workers are jointly employed by associated businesses or persons. The DOL’s changes are the first meaningful revisions since the department’s interpretive regulation was issued 60 years ago. According to the department, the purpose of the rule is "to promote certainty for employer and employees, reduce litigation, promote greater uniformity among court decisions and encourage innovation in the economy." Although application of this final rule is limited to FLSA wage and hour issues, the National Labor Relations Board and the Equal Employment Opportunity Commission are expected to similarly revisit the joint employer analysis in their respective contexts.

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Predictive Scheduling Marches Onward

January 2, 2019 via Fisher Phillips
Chicago has become the latest municipality to pass a predictive scheduling ordinance, which will take effect in July 2020. The scope of Chicago’s new ordinance is stunning.
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Looking to Reduce Turnover? Start with Manager Training

January 10, 2019 via Hotel Management

While there are multiple reasons that employees may leave, many of which are out of the control of employers, one element that can be addressed by nearly every organization has been shown to offer a significant benefit: focused training for managers.
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Top Three Issues for the 2020 New York Hospitality Workplace
January 24, 2019 via Total Food Service

There is no reason to believe that the workplace assault against restaurants and other hospitality establishments will slow down in 2020. With a record-setting number of changes to New York State ("NYS") employment laws in 2019, government officials and the plaintiffs’ bar feel emboldened, and, therefore, in 2020, we anticipate a significant uptick in workplace regulations.
Below is a brief summary of the top three issues for 2020 New York hospitality to which employers should pay careful attention.
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