Shannon D. Farmer

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on workplace harassment subject to federal employment discrimination laws.  Aptly titled, “Enforcement Guidance on Harassment in the Workplace” (915.064), this guidance addresses how harassment based on race, color, religion, sex, national origin, age, disability, or genetic information is defined under EEOC-enforced statutes and provides the analysis for determining whether employer liability is established. … Continue Reading

On April 23, 2024, the U.S. Department of Labor (DOL) published its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees,” which raises the salary thresholds for “white-collar” and highly compensated employees, rendering millions of employees eligible for overtime. The final rule phases in the new thresholds beginning July 1, 2024.… Continue Reading

On April 1, 2024, the Occupational Safety and Health Administration (“OSHA”) published its final rule – known informally as the “walk around rule” – which makes two changes to its Representatives of Employers and Employees regulation (29 C.F.R. § 1903.8(c)) to significantly expand who an employee can bring in to join a workplace safety inspection.… Continue Reading

On August 25, 2023, the National Labor Relations Board issued its decision in Cemex Construction Materials Pacific LLC (N.L.R.B., Case 28-CA-230115) – upending over fifty years of established law and setting forth a new, union-friendly framework for determining when employers are required to recognize and bargain with unions without a representation election. … Continue Reading

As part of a final rule published on July 25, 2023, and in connection with its newly published Form I-9 (which employees may use after August 1), certain employers will be able to permanently verify an employee’s employment eligibility remotely. This final rule continues the pandemic-related flexibility offered to employers to meet their Form I-9 verification requirements.… Continue Reading

On June 29, 2023, the Supreme Court of the United States (SCOTUS) issued a unanimous opinion, authored by Justice Alito, in Groff v. DeJoy, Postmaster General, 600 U.S. ___ (2023), in which it “clarified” decades-old precedent regarding an employer’s obligation to accommodate the religious beliefs of its employees. The unanimous Court held that, under Title VII, an employer is required to accommodate an employee’s religious beliefs unless doing so would result in substantial increased costs in relation to the conduct of its particular business.… Continue Reading

The U.S. Equal Opportunity Commission (EEOC) recently updated its technical assistance bulletin and comprehensive COVID-19 resource, titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (available here), calling the additions its “capstone” to the bulletin in light of the recent end to the COVID-19 public health emergency.… Continue Reading

Two labor organizations, SEIU Healthcare Pennsylvania (SEIU) and the Strategic Organizing Center (SOC), have lodged a public complaint with the Department of Justice (DOJ) alleging that the University of Pittsburgh Medical Center (UPMC) has wrongfully exercised its power as the largest private sector employer in Pennsylvania to “suppress workers’ wages and benefits, drastically increase their workloads, and prevent workers from exiting or improving these working conditions through a draconian system of mobility restrictions and widespread labor law violations that lock in sub-competitive pay and working conditions.”  … Continue Reading

Companies impacted by the Silicon Valley Bank (SVB) failure may be concerned about their ability to meet immediate payroll obligations as they await funds from government regulators.  Despite regulatory assurances that funds will be available in the near-term, employers with funds in SVB may remain concerned about their ability to meet ongoing obligations. … Continue Reading

On February 22, 2023, the Supreme Court of the United States ruled that an employee who is paid a daily rate for each day worked, no matter how high the rate, is not exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and, therefore, entitled to overtime pay for hours worked over 40 in a work week. … Continue Reading