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Accessibility

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local GovernmentsFourth Circuit Holds That Website Tester Has StandingDOJ’s Guidance Confirms Businesses Open to the Public Must Make Web Content Accessible

Accommodation

Supreme Court Heightens Standard for Employers to Deny Religious AccommodationsDOL Issues Guidance For Field Staff on PUMP Act RequirementsFourth Circuit Holds That Website Tester Has Standing

ADA

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local GovernmentsFederal Agencies Issue Joint Statement on Artificial Intelligence in the WorkplaceFourth Circuit Holds That Website Tester Has Standing

Adverse Employment

The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action

Arbitration

Southern District of New York Finds Employment Arbitration Agreement UnenforceableU.S. Supreme Court Ruling Denies Arbitration, Ramps Up Litigation

Biden Administration

NLRB Announces New Burden on Employers Faced with a Demand for Union RecognitionFractured SCOTUS Decision Opens Door to Expanded Personal Jurisdiction of BusinessesFederal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

CARES Act

President Biden Signs American Rescue Plan Act of 2021Paycheck Protection Program (PPP) Reopens for New Loans, Second Draw Loans and New Loan Forgiveness Applications

COBRA

Reminder: COBRA Notice Deadline Fast Approaching

Consolidated Appropriations Act

Reviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021

Construction Worker

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

COVID

CMS Ends COVID-19 Vaccine Mandate for Healthcare WorkersApproaching Deadline to Comply with In-Person Review of Employee I-9 DocumentationImpact of May 11, 2023 End of COVID-19 Emergency Declarations

Davis-Bacon Act

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

Discrimination

The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment ActionSupreme Court Heightens Standard for Employers to Deny Religious AccommodationsDOL Issues Guidance For Field Staff on PUMP Act Requirements

Diversity Equity and Inclusion

Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action ProgramsSupreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI ProgramsPodcast: An Update on Diversity, Equity, and Inclusion in the Consumer Financial Services Industry

DOJ

DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local GovernmentsDraft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor MarketPennsylvania Labor Organizations File Antitrust Complaint Regarding University of Pittsburgh Medical Center   

DOL

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of WorkersDOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction WorkersAttestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s End

Education

Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action ProgramsSupreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI ProgramsProposed Title IX Amendments Protect LGBTQ+ Students

EEOC

Supreme Court Heightens Standard for Employers to Deny Religious AccommodationsFederal Agencies Issue Joint Statement on Artificial Intelligence in the WorkplacePregnant and Nursing Workers Benefit from Expanded Employment Protections

Employee Benefits

Attestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s EndCourt Invalidates Certain Preventive Care RequirementsJanuary 1 Compliance Deadline Passes for Colorado's FAMLI Program

Essential Workers

Biden’s Vaccine Mandates For Federal Contractors and Health Care Workers Are HaltedHealthcare Workers’ Religious Freedom Exemption Fails to Convince First Circuit to Block Maine Vaccine MandateNew Jersey Health Care Workers Must be Vaccinated or Undergo Regular COVID-19 Testing

Events

Join Us at the 2023 HR Legal Summit - Register Today!Back to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two11th Annual Utah Fall Employment Seminar

Federal Contractors

Podcast - Federal Vaccine Mandates: What’s Next for Employers?“Ban the Box” Act Takes Effect for Federal ContractorsPodcast - The Patchwork of Federal Vaccine Mandates

FLSA

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of WorkersSVB Fall Out – Beware of Employment Law RisksSCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime Pay

FMLA

Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave ActJanuary 1 Compliance Deadline Passes for Colorado's FAMLI ProgramWays and Means Committee Proposes National Paid Family and Medical Leave

FTC

Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor MarketFederal Agencies Issue Joint Statement on Artificial Intelligence in the WorkplaceFTC Seeks to Ban Noncompete Agreements

Gig Economy

FTC and NLRB Announce New Coordination EffortsBiden Administration Rescinds Employer-Friendly Independent Contractor TestEmployer-Friendly Independent Contractor Test is on the Chopping Block

GINA

EEOC Posts Updated COVID-19 GuidanceA Second Proposal: EEOC Issues New Guidance on Nondiscrimination for Wellness Programs

Harassment

Southern District of New York Finds Employment Arbitration Agreement UnenforceableNew EEOC Required Workplace PosterNew York Minute – April Edition

Health Care

Attestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s EndCourt Invalidates Certain Preventive Care RequirementsReviewing the Welfare Plan Rules Under the Consolidated Appropriations Act, 2021

HIPAA

HIPAA Privacy Rule and Security Rule Developments to Note Early in 2021

Immigration

E-Verify Users Now Permanently Able to Verify Employment Eligibility RemotelyApproaching Deadline to Comply with In-Person Review of Employee I-9 DocumentationDHS Extends I-9 Flexibility Due to COVID-19 … Yet Again

Independent Contractors

NLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARDU.S. Department of Labor Issues Proposed Rule on Independent Contractor StatusBiden Administration Rescinds Employer-Friendly Independent Contractor Test

IRS

IRS Adjusts Figure Applicable to ACA Employer MandateIRS Issues Additional Dependent Care FSA GuidanceIRS Issues Guidance Concerning American Rescue Plan's Required COBRA Subsidies

Joint Employers

NLRB Announces Proposed New Joint Employer Rule

Labor

NLRB Announces New Burden on Employers Faced with a Demand for Union RecognitionDraft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor MarketNLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARD

Layoffs & Furloughs

SVB Fall Out – Beware of Employment Law RisksNew Jersey Employers Take Note: WARN Amendments Effective April 11, 2023Back to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two

Leave

January 1 Compliance Deadline Passes for Colorado's FAMLI ProgramPregnant and Nursing Workers Benefit from Expanded Employment ProtectionsUpcoming Webinar: The End of Roe – What it Means for Employers and Employee Benefit Plans

Marijuana

New Jersey Cannabis Regulatory Commission Issues Interim Guidance on Workplace Impairment and Reasonable Suspicion DeterminationsEmployees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana ActNew Jersey Supreme Court Upholds Workers’ Compensation Order Directing Reimbursement for Medical Marijuana Costs

Minimum Wage

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of WorkersSVB Fall Out – Beware of Employment Law RisksLandmark Legislation for Temporary Workers in New Jersey

New York Minute

New York Minute - June 2022New York Minute – April EditionNew York Minute: Latest Developments for Employers

NLRB

NLRB Announces New Burden on Employers Faced with a Demand for Union RecognitionNLRB Returns to a More Stringent Framework For Workplace RulesNLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARD

No-Poach

DOJ Secures First Win in Criminal No Poach ActionDaVita, Former CEO, Not Guilty in Criminal Case Over Alleged 'No-Poach' Agreements

Non-Compete

FTC Seeks to Ban Noncompete AgreementsFTC and NLRB Announce New Coordination EffortsColorado’s Newly Enacted Income-Based Non-Compete Law Marks Tightening of Restrictive Covenants

OSHA

Unions Cannot Force OSHA to Issue Permanent COVID StandardOSHA Plans Inspections of Region 3 Warehouse Establishments  OSHA Permanent Safety Regulations for Healthcare on the Horizon

Overtime

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of WorkersSCOTUS Rules That Worker Who Was Paid High Daily Wage is Non-Exempt and Entitled to Overtime PayLandmark Legislation for Temporary Workers in New Jersey

Pay

SVB Fall Out – Beware of Employment Law RisksLandmark Legislation for Temporary Workers in New JerseyNew EEOC Required Workplace Poster

Philadelphia

Join Us at the 2023 HR Legal Summit - Register Today!Philadelphia Ordinance Requires Reporting of Changes to Federal Taxable Income

Podcast

Podcast: An Update on Diversity, Equity, and Inclusion in the Consumer Financial Services IndustryPodcast – The New BSA Whistleblower Law: What You Need to KnowPodcast – Marijuana Use in the Workplace: What Employers Need to Know

PPP

Paycheck Protection Program Continues to EvolveLatest Changes to PPP Program Include Bigger Loans for Schedule C FilersBiden Administration Changes PPP Again, Announces Exclusive Window for Small Businesses, Sole Proprietors, and Independent Contractors

Pregnancy

DOL Issues Guidance For Field Staff on PUMP Act RequirementsJanuary 1 Compliance Deadline Passes for Colorado's FAMLI ProgramPregnant and Nursing Workers Benefit from Expanded Employment Protections

Prevailing Wage

DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

Regulatory

CMS Ends COVID-19 Vaccine Mandate for Healthcare WorkersPregnant and Nursing Workers Benefit from Expanded Employment ProtectionsBoard Limits Ability to Prohibit Labor Protests

Remote Work

E-Verify Users Now Permanently Able to Verify Employment Eligibility RemotelyWebinar Recording: Back to School – Remembering the 4 R's: RIFs, Restructuring, Requests for Accommodations, and Recruitment in Uncertain TimesThe Changing Pennsylvania Tax Landscape for Remote Work

Restrictive Covenants

Colorado’s Newly Enacted Income-Based Non-Compete Law Marks Tightening of Restrictive CovenantsWhite House Executive Order Seeks To Limit Non-CompetesPodcast - A Deep Dive into “No-Poach” Agreements

Roe v. Wade

Webinar Recording: End of Roe – What it Means for Employers and Employee Benefit Plans

Safety

Biden Administration Plans to Turn Up the Heat to Propose New Rules and More OSHA Inspections to Address High Temperatures in the WorkplacePresident Biden Signs American Rescue Plan Act of 2021OSHA Launches a COVID-19 National Emphasis Program

SCOTUS

Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action ProgramsSupreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI ProgramsFractured SCOTUS Decision Opens Door to Expanded Personal Jurisdiction of Businesses

Social Media

NLRB Finds Elon Musk Tweet and Tesla Confidentiality Agreement Violated Employee RightsNLRB on Handbook Rules: Do’s and Don'ts

Telecommuting

Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave ActNew Jersey Announces Major Re-Opening StepsNew Jersey Plans to Ease COVID-19 Restrictions, Along with New York and Connecticut

Title VII

The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment ActionSupreme Court Heightens Standard for Employers to Deny Religious AccommodationsPregnant and Nursing Workers Benefit from Expanded Employment Protections

Uncategorized

DOL Issues Guidance For Field Staff on PUMP Act RequirementsEEOC Provides “Capstone” COVID-19 Guidance for EmployersNew Marijuana, Paid Leave, and Non-Compete Laws Will Impact Minnesota Employers

Unions

NLRB Announces New Burden on Employers Faced with a Demand for Union RecognitionSVB Fall Out – Beware of Employment Law RisksNLRB Establishes New Restrictions on Severance Agreements

USERRA

Third Circuit Rules Reservists May Need to Be Paid for Military Leave

Vaccines

CMS Ends COVID-19 Vaccine Mandate for Healthcare WorkersStatus Update: Federal Contractor Vaccine Mandate Injunction NarrowedPaid COVID Leave is Back in Philadelphia

Wage & Hour

U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of WorkersDOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction WorkersSVB Fall Out – Beware of Employment Law Risks

WARN

SVB Fall Out – Beware of Employment Law RisksBack to School – Remembering the 4 R's: RIFs, Remote Work, Requests for Accommodations, and Recruitment in Uncertain Times, Part Two

Whistleblower

BSA Whistleblower Provision Gains TeethNew AML Whistleblower Program Highlighted by FinCEN Acting Director

Workplace Rules

NLRB Returns to a More Stringent Framework For Workplace Rules

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Biden Administration: What's New?

NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

Fractured SCOTUS Decision Opens Door to Expanded Personal Jurisdiction of Businesses

Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

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Recent Posts

  • U.S. DOL Proposes Rule to Extend Overtime Pay For Millions of Workers
  • NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition
  • The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action
  • DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local Governments
  • DOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

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