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Accessibility

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as MootDOJ 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 Standing

Accommodation

Philadelphia Pioneers Workplace Menopause ProtectionsFourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive ProcessEighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights Act

ADA

Fourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive ProcessNo Job, No Application, No Lawsuit: Supreme Court Concludes Retiree Who Neither Held nor Sought Job Not “Qualified” to Bring ADA Discrimination ClaimThe Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot

Adverse Employment

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsSCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination ClaimsThe Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action

American Families and Workers Act of 2024

House Tax Bill Would Greatly Accelerate Employee Retention Credit Filing Deadlines

Arbitration

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

Artificial Intelligence

Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent Algorithmic Discrimination

Biden Administration

Texas Court Strikes Down DOL’s Overtime Eligibility ExpansionDOL Authority to Increase Overtime Compensation Thresholds AffirmedNLRB To End Practice of Consent Orders, Overruling UPMC

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

Collective Bargaining

Hurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican SupportNLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

Consolidated Appropriations Act

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

Construction Worker

OSHA Announces Requirement That Protective Equipment for Construction Employees Be Well-FittingDOL Reinstates Three-Step Process to Determine Prevailing Wage for Construction Workers

COVID

Fourth Circuit Reminds Employees of Their Obligation to Engage in the ADA’s Interactive ProcessHouse Tax Bill Would Greatly Accelerate Employee Retention Credit Filing DeadlinesCMS Ends COVID-19 Vaccine Mandate for Healthcare Workers

Davis-Bacon Act

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

DEI

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorFederal Court Enjoins DEI and Gender Executive Orders

Discrimination

Philadelphia Pioneers Workplace Menopause ProtectionsNew York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color

Diversity Equity and Inclusion

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorFederal Court Enjoins DEI and Gender Executive OrdersFormer EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees

DOD

New (Old) Battlegrounds: The Administration's Targeting of Transgender Rights

DOJ

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorDOJ’s Roadmap for Federally Funded Entities and DEIDepartment of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

DOL

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorSenate Confirms Executive Nominees to the EEOC and DOLDOL Announces Spring 2025 Regulatory Agenda

Education

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorDepartment of Education Confirms Return to Trump Administration’s 2020 Title IX RuleThird Circuit Affirms College Athletes May Qualify as Employees Under FLSA

EEO-1 Compliance

EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic DataEEOC Sues Employers Ahead of This Year’s EEO-1 Reporting DeadlineBack to Basics: A Primer on EEO-1 Reporting

EEOC

EEOC Puts Employers on Notice: Favoring H-1B Visa Holders Could Violate Federal Civil Rights LawNew York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceSenate Confirms Executive Nominees to the EEOC and DOL

Employee Benefits

Mark Your Calendar: HIPAA Deadline on February 16IRS Relief Alleviates Some—But Not All—ACA Reporting IssuesWhile Congress Slept: Health Benefit Developments During the Shutdown

Employers

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorA CROWNing Achievement: Pennsylvania Prohibits Workplace Discrimination Based on Race- and Religious-Based Hairstyles and Head Coverings

Employment

Philadelphia Pioneers Workplace Menopause ProtectionsEEOC Puts Employers on Notice: Favoring H-1B Visa Holders Could Violate Federal Civil Rights LawDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of Color

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

Ballard Spahr Event: Wage and Hour Update for Business2025 HR Legal Summit: Sessions and Speakers AnnouncedKeynote Speaker Announced for SEPA SHRM and Ballard Spahr 2025 HR Legal Summit

Executive Orders

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorFederal Court Enjoins DEI and Gender Executive OrdersDOJ’s Roadmap for Federally Funded Entities and DEI

FAMLI

Maryland Delays Paid Family and Medical Leave Insurance Program Again & Clarifies Parental Leave LawMaryland Employers: Six Must-Know Employment Law Changes

Federal Contractors

Federal Court Enjoins DEI and Gender Executive OrdersPresident Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRBCourt Permanently Blocks DOL from Enforcing DEI Certification Provisions

FLSA

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA ViolationsDepartment of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated WorkersSenate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy Secretary

FMLA

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA ViolationsDepartment 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 Program

FTC

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings

FTC

NLRB Board Member Challenges President Trump’s Executive PowerATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay ProceedingsTexas Federal Judge Strikes Down FTC Noncompete Ban

Gender Identity

Former EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary EmployeesTexas Judge Strikes EEOC Guidance Protecting Transgender EmployeesEEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data

Gig Economy

Senate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy SecretaryU.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSAFTC and NLRB Announce New Coordination Efforts

GINA

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

Harassment

Former EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary EmployeesNew (Old) Battlegrounds: The Administration's Targeting of Transgender RightsFinal Guidance on Workplace Harassment Published by EEOC

Health Care

Mark Your Calendar: HIPAA Deadline on February 16IRS Relief Alleviates Some—But Not All—ACA Reporting IssuesWhile Congress Slept: Health Benefit Developments During the Shutdown

HIPAA

Mark Your Calendar: HIPAA Deadline on February 16HIPAA Privacy Rule and Security Rule Developments to Note Early in 2021

HR

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceFormer EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees2025 HR Legal Summit: Sessions and Speakers Announced

Immigration

New Year, New Selection Criteria for H-1B Cap Lottery: DHS Finalizes Rule Prioritizing Higher-Paid WorkersEEOC Puts Employers on Notice: Favoring H-1B Visa Holders Could Violate Federal Civil Rights LawH-1B and H-4 Visa Appointment Disruptions

Independent Contractors

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSANLRB’S INDEPENDENT CONTRACTOR TEST SHIFTS BACK TO PRE-TRUMP STANDARDU.S. Department of Labor Issues Proposed Rule on Independent Contractor Status

IRS

American Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on Allegations of Racial DiscriminationIRS Adjusts Figure Applicable to ACA Employer MandateIRS Issues Additional Dependent Care FSA Guidance

Joint Employers

Texas Court Strikes Down NLRB Joint Employer RuleThe NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business GroupsNLRB Expands Joint Employer Rule

Labor

Hurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican SupportMake-Whole or Make-Believe: NLRB “Foreseeable” Damages Creates Circuit SplitWashington Establishes Worker Rights Unit in Response to Declining Federal Enforcement

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

Congress Introduces Bipartisan Bill to Provide Federal Paid Family Leave Funding for StatesEighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights ActJanuary 1 Compliance Deadline Passes for Colorado's FAMLI Program

Legislation

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceMaryland Employers: Six Must-Know Employment Law Changes

LGBTQ

Former EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary EmployeesTexas Judge Strikes EEOC Guidance Protecting Transgender EmployeesNew (Old) Battlegrounds: The Administration's Targeting of Transgender Rights

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

Maryland

Maryland Employers: Six Must-Know Employment Law Changes

Military

New (Old) Battlegrounds: The Administration's Targeting of Transgender Rights

Minimum Wage

Texas Court Strikes Down DOL’s Overtime Eligibility ExpansionUpdate on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime ExemptionsThird Circuit Affirms College Athletes May Qualify as Employees Under FLSA

New York

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and Race

New York Minute

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

NLRA

Hurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican SupportMake-Whole or Make-Believe: NLRB “Foreseeable” Damages Creates Circuit SplitNLRB Acting General Counsel Says Secretly Recording Union Negotiations is Unlawful

NLRB

Hurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican SupportMake-Whole or Make-Believe: NLRB “Foreseeable” Damages Creates Circuit SplitAre You Ready for an NLRB Quorum?  It May be Coming!

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

Maryland Employers: Six Must-Know Employment Law ChangesATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay ProceedingsNext Steps for Employers After FTC Noncompete Rule Enjoined

OSHA

President Trump’s Budget Goes To Work Against Enforcement Agencies with Significant Cuts to DOL and NLRBSenate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy SecretaryOSHA Announces Requirement That Protective Equipment for Construction Employees Be Well-Fitting

Overtime

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated WorkersDOL Authority to Increase Overtime Compensation Thresholds AffirmedUpdate on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

Pay

New York City Will Require Larger Employers to Report Employee Pay Data by Job, Gender and RaceMaryland Employers: Six Must-Know Employment Law ChangesSVB Fall Out – Beware of Employment Law Risks

Philadelphia

Philadelphia Pioneers Workplace Menopause ProtectionsNew Philadelphia Ordinance Aims to EmPOWER EmployeesLast Chance to Register for the 2024 HR Legal Summit!

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

New EEOC Pregnant Workers Rule Adds Requirements This MonthTexas Federal Judge Enjoins Protections for Pregnant WorkersDOL Issues Guidance For Field Staff on PUMP Act Requirements

Prevailing Wage

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

Regulatory

DOL Announces Spring 2025 Regulatory AgendaAmerican Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on Allegations of Racial DiscriminationATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings

Remote Work

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights ActE-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 Times

Restrictive Covenants

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay ProceedingsNext Steps for Employers After FTC Noncompete Rule EnjoinedTexas Federal Judge Strikes Down FTC Noncompete Ban

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

Reverse Discrimination Lawsuits Are So BackThe Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as MootPodcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs

Social Media

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

Telecommuting

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights ActDepartment of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave ActNew Jersey Announces Major Re-Opening Steps

Title VII

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorFormer EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary EmployeesTexas Judge Strikes EEOC Guidance Protecting Transgender Employees

Trade Secrets

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings

Training

10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the Workplace

Trump Administration

New Year, New Selection Criteria for H-1B Cap Lottery: DHS Finalizes Rule Prioritizing Higher-Paid WorkersDepartment of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorH-1B and H-4 Visa Appointment Disruptions

Uncategorized

DOL Announces Spring 2025 Regulatory AgendaNew Jersey “Wage Theft”  Amendments Apply Only ProspectivelyDOL Issues Guidance For Field Staff on PUMP Act Requirements

Unions

Department of Justice Sues Minneapolis Public Schools for Discrimination under Title VII Alleging Preferential Treatment for Teachers of ColorHurry Up and Bargain: Faster Labor Contracts Act Introduced in the House with Some Republican SupportMake-Whole or Make-Believe: NLRB “Foreseeable” Damages Creates Circuit Split

USERRA

The Dole Act Expands Workplace Protections for Military ServiceThird 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

Washington Establishes Worker Rights Unit in Response to Declining Federal EnforcementBallard Spahr Event: Wage and Hour Update for BusinessU.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

WARN

No Small Thing: Mini-Warn Act Comes to Washington StateSVB 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

SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and Consulting AgreementsSEC Increases Scrutiny of Whistleblower ProtectionsBSA Whistleblower Provision Gains Teeth

Workplace Rules

Keynote Speaker Announced for SEPA SHRM and Ballard Spahr 2025 HR Legal SummitFinal Guidance on Workplace Harassment Published by EEOCSEPA SHRM and Ballard Spahr LLP 2024 HR Legal Summit

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  • Philadelphia Pioneers Workplace Menopause Protections
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  • EEOC Puts Employers on Notice: Favoring H-1B Visa Holders Could Violate Federal Civil Rights Law
  • IRS Relief Alleviates Some—But Not All—ACA Reporting Issues

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