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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

Eighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights ActNew EEOC Pregnant Workers Rule Adds Requirements This MonthTexas Federal Judge Enjoins Protections for Pregnant Workers

ADA

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 GovernmentsFederal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

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

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

House Tax Bill Would Greatly Accelerate Employee Retention Credit Filing DeadlinesCMS Ends COVID-19 Vaccine Mandate for Healthcare WorkersApproaching Deadline to Comply with In-Person Review of Employee I-9 Documentation

Davis-Bacon Act

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

Discrimination

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsEighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights ActAmerican Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on Allegations of Racial Discrimination

Diversity Equity and Inclusion

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsCourt Permanently Blocks DOL from Enforcing DEI Certification ProvisionsFederal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

DOD

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

DOJ

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the WorkplaceNew DOJ Memos Target Diversity, Equity, and Inclusion Practices Under Attorney General Pamela Bondi

DOL

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated WorkersCourt Permanently Blocks DOL from Enforcing DEI Certification ProvisionsFederal District Court Temporarily Blocks DOL from Requiring DEI Certification Provisions

Education

Department of Education Confirms Return to Trump Administration’s 2020 Title IX RuleThird Circuit Affirms College Athletes May Qualify as Employees Under FLSAPodcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs

EEO-1 Compliance

EEOC Sues Employers Ahead of This Year’s EEO-1 Reporting DeadlineBack to Basics: A Primer on EEO-1 Reporting

EEOC

New (Old) Battlegrounds: The Administration's Targeting of Transgender Rights10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the WorkplaceTrump EEOC Says “Anti-American Bias” Is New Focus of Discrimination Enforcement

Employee Benefits

Webinar: Tobacco User Surcharges Up in Smoke?House Tax Bill Would Greatly Accelerate Employee Retention Credit Filing DeadlinesAttestation to Consolidated Appropriations Act’s “Anti-Gag Rules” Due by Year’s End

Employers

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsDepartment of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated WorkersCourt Permanently Blocks DOL from Enforcing DEI Certification Provisions

Employment

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsDepartment of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated WorkersEighth Circuit Court of Appeals Finds Remote Employee Who Did Not Reside or Work in Minnesota Is Not Protected by the Minnesota Human Rights Act

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

SEPA SHRM and Ballard Spahr LLP 2025 HR Legal SummitSEPA SHRM Event: The End of DEI As We Know It? DEI Under Attack & the Trump Administration’s Executive OrdersJoin Us at the 13th Annual Utah Fall Employment Seminar

FAMLI

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

Federal Contractors

Court Permanently Blocks DOL from Enforcing DEI Certification ProvisionsFederal District Court Temporarily Blocks DOL from Requiring DEI Certification ProvisionsNew Leadership at the Office of Federal Contract Compliance Programs Signals Potential Overhaul of Affirmative Action Compliance Framework

FLSA

Department 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 SecretaryThe Supreme Court Clarifies That the Preponderance Standard Applies to FLSA Exemption Cases

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

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

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

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

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsFinal Guidance on Workplace Harassment Published by EEOCEEOC Proposes Guidance on Workplace Harassment Enforcement

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

HR

New (Old) Battlegrounds: The Administration's Targeting of Transgender RightsLast Chance to Register for the 2024 HR Legal Summit!Save Your Seat for the 2024 HR Legal Summit

Immigration

Trump EEOC Says “Anti-American Bias” Is New Focus of Discrimination EnforcementE-Verify Users Now Permanently Able to Verify Employment Eligibility RemotelyApproaching Deadline to Comply with In-Person Review of Employee I-9 Documentation

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

New Leadership at the Office of Federal Contract Compliance Programs Signals Potential Overhaul of Affirmative Action Compliance FrameworkTrump Rescinds Additional Biden-Era Executive Orders, Rolling Back Minimum Wage and Labor-Friendly Provisions for Federal ContractorsSenate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy Secretary

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

Eighth 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 ProgramPregnant and Nursing Workers Benefit from Expanded Employment Protections

Legislation

Maryland Employers: Six Must-Know Employment Law Changes

LGBTQ

New (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 Minute

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

NLRB

NLRB Acting General Counsel Rescinds Numerous Biden-Era Guidance MemorandaNLRB Board Member Challenges President Trump’s Executive PowerPresident Trump Appoints NLRB Acting General Counsel

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

Senate Confirms Chavez-DeRemer as 30th Secretary of Labor and Sonderling as Deputy SecretaryOSHA Announces Requirement That Protective Equipment for Construction Employees Be Well-FittingMaryland Employers: Six Must-Know Employment Law Changes

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

Maryland Employers: Six Must-Know Employment Law ChangesSVB Fall Out – Beware of Employment Law RisksLandmark Legislation for Temporary Workers in New Jersey

Philadelphia

Last Chance to Register for the 2024 HR Legal Summit!Save Your Seat for the 2024 HR Legal SummitJoin Us at the 2024 HR Legal Summit – Register Today!

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

American 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 ProceedingsNext Steps for Employers After FTC Noncompete Rule Enjoined

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

The 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 ProgramsSupreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI 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

10 Takeaways for Employers from the EEOC and DOJ Guidance on DEI-Related Discrimination in the WorkplaceTrump EEOC Says “Anti-American Bias” Is New Focus of Discrimination EnforcementSCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims

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 (Old) Battlegrounds: The Administration's Targeting of Transgender RightsDepartment of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated WorkersCourt Permanently Blocks DOL from Enforcing DEI Certification Provisions

Uncategorized

New Jersey “Wage Theft”  Amendments Apply Only ProspectivelyDOL Issues Guidance For Field Staff on PUMP Act RequirementsEEOC Provides “Capstone” COVID-19 Guidance for Employers

Unions

Trump Rescinds Additional Biden-Era Executive Orders, Rolling Back Minimum Wage and Labor-Friendly Provisions for Federal ContractorsNLRB Acting General Counsel Rescinds Numerous Biden-Era Guidance MemorandaNLRB Bans Captive Audience Meetings and Limits Employer Campaign Statements in Recent Cases

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

Department 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 SecretaryTexas Court Strikes Down DOL’s Overtime Eligibility Expansion

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

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

Final Guidance on Workplace Harassment Published by EEOCSEPA SHRM and Ballard Spahr LLP 2024 HR Legal SummitNLRB Returns to a More Stringent Framework For Workplace Rules

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Trump Administration

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

Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers

Court Permanently Blocks DOL from Enforcing DEI Certification Provisions

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Recent Posts

  • New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights
  • Department of Labor to Reconsider Rule Increasing Overtime Salary Thresholds for White Collar and Highly Compensated Workers
  • Maryland Delays Paid Family and Medical Leave Insurance Program Again & Clarifies Parental Leave Law
  • Court Permanently Blocks DOL from Enforcing DEI Certification Provisions
  • The Dole Act Expands Workplace Protections for Military Service

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