Topics

Accessibility

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local Governments Fourth Circuit Holds That Website Tester Has Standing

Accommodation

New EEOC Pregnant Workers Rule Adds Requirements This Month Texas Federal Judge Enjoins Protections for Pregnant Workers Supreme Court Heightens Standard for Employers to Deny Religious Accommodations

ADA

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot DOJ Releases Long Awaited Notice Of Proposed Rulemaking Seeking To Increase Accessibility Of Websites And Mobile Applications Of State And Local Governments Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

Adverse Employment

SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims The 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 Unenforceable U.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

DOL Authority to Increase Overtime Compensation Thresholds Affirmed NLRB To End Practice of Consent Orders, Overruling UPMC Final Guidance on Workplace Harassment Published by EEOC

CARES Act

President Biden Signs American Rescue Plan Act of 2021 Paycheck 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

House Tax Bill Would Greatly Accelerate Employee Retention Credit Filing Deadlines CMS Ends COVID-19 Vaccine Mandate for Healthcare Workers Approaching 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

SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action Supreme Court Heightens Standard for Employers to Deny Religious Accommodations

Diversity Equity and Inclusion

Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs Podcast: 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 Governments Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market Pennsylvania Labor Organizations File Antitrust Complaint Regarding University of Pittsburgh Medical Center

DOL

DOL Authority to Increase Overtime Compensation Thresholds Affirmed Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions DOL Issues Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

Education

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs

EEO-1 Compliance

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

EEOC

New EEOC Pregnant Workers Rule Adds Requirements This Month EEOC Sues Employers Ahead of This Year’s EEO-1 Reporting Deadline Final Guidance on Workplace Harassment Published by EEOC

Employee Benefits

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

Employers

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

Employment

SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and Consulting Agreements Colorado Becomes the First State to Enact Broad Restrictions on Using High-Risk Artificial Intelligence Systems to Prevent Algorithmic Discrimination

Essential Workers

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

Events

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

Federal Contractors

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

FLSA

Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA DOL Issues Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

FMLA

Department of Labor Issues New Guidance on Telework Under the Fair Labor Standards Act and Family and Medical Leave Act January 1 Compliance Deadline Passes for Colorado's FAMLI Program Ways 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 Texas Federal Judge Strikes Down FTC Noncompete Ban FTC Webinar Provides Additional Guidance on Final Rule Banning Noncompete Agreements

FTC

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

Gig Economy

U.S. Department of Labor Issues Final Rule on Independent Contractor Status Under the FLSA FTC and NLRB Announce New Coordination Efforts Biden Administration Rescinds Employer-Friendly Independent Contractor Test

GINA

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

Harassment

Final Guidance on Workplace Harassment Published by EEOC EEOC Proposes Guidance on Workplace Harassment Enforcement Southern District of New York Finds Employment Arbitration Agreement Unenforceable

Health Care

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

HIPAA

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

HR

Last Chance to Register for the 2024 HR Legal Summit!Save Your Seat for the 2024 HR Legal Summit

Immigration

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

Independent Contractors

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

IRS

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

Joint Employers

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

Labor

NLRB To End Practice of Consent Orders, Overruling UPMC NLRB Rolling Back More Rules from the Trump Administration Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

Layoffs & Furloughs

SVB Fall Out – Beware of Employment Law Risks New Jersey Employers Take Note: WARN Amendments Effective April 11, 2023 Back 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 Program Pregnant and Nursing Workers Benefit from Expanded Employment Protections Upcoming 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 Determinations Employees Can Pursue A Private Cause of Action Under PA’s Medical Marijuana Act New Jersey Supreme Court Upholds Workers’ Compensation Order Directing Reimbursement for Medical Marijuana Costs

Minimum Wage

Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA DOL Issues Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

New York Minute

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

NLRB

NLRB To End Practice of Consent Orders, Overruling UPMC NLRB Rolling Back More Rules from the Trump Administration Supreme Court Heightens Relief Standard For NLRB To Obtain 10(j) Injunctions

No-Poach

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

Non-Compete

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

OSHA

OSHA Finalizes ‘Walk around Rule’ Making it Easier for Union Representatives to Join Worksite Safety Inspections Unions Cannot Force OSHA to Issue Permanent COVID Standard OSHA Plans Inspections of Region 3 Warehouse Establishments

Overtime

DOL Authority to Increase Overtime Compensation Thresholds Affirmed Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions DOL Issues Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

Pay

SVB Fall Out – Beware of Employment Law Risks Landmark Legislation for Temporary Workers in New Jersey New EEOC Required Workplace Poster

Philadelphia

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

Podcast

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

PPP

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

Pregnancy

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

Prevailing Wage

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

Regulatory

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings Next Steps for Employers After FTC Noncompete Rule Enjoined SEC Announces Settlements with Seven Public Companies for Violations of Exchange Act Whistleblower Protections in Employee and Consulting Agreements

Remote Work

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

Restrictive Covenants

ATS Withdraws Challenges to the FTC’s Final Non-Compete Rule After the Eastern District of Pennsylvania Denies its Motion to Stay Proceedings Next Steps for Employers After FTC Noncompete Rule Enjoined Texas 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 Workplace President Biden Signs American Rescue Plan Act of 2021 OSHA Launches a COVID-19 National Emphasis Program

SCOTUS

The Supreme Court Keeps Issue of “Tester” Standing Alive, Dismissing ADA Website Appeal as Moot Podcast: Is DEI at Risk? Considerations on the US Supreme Court Ruling Against Affirmative Action Programs Supreme Court Strikes Down Race-Conscious Admissions: Implications for Corporate DEI Programs

Social Media

NLRB Finds Elon Musk Tweet and Tesla Confidentiality Agreement Violated Employee Rights NLRB 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 Act New Jersey Announces Major Re-Opening Steps New Jersey Plans to Ease COVID-19 Restrictions, Along with New York and Connecticut

Title VII

SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims EEOC Proposes Guidance on Workplace Harassment Enforcement The Fifth Circuit Recently Broadened The Scope For Bringing An Adverse Employment Action

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

Uncategorized

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

Unions

Texas Court Strikes Down NLRB Joint Employer Rule The NLRB Delays Effective Date of New Joint Employer Test after Challenge By Business Groups NLRB Announces New Burden on Employers Faced with a Demand for Union Recognition

USERRA

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

Vaccines

CMS Ends COVID-19 Vaccine Mandate for Healthcare Workers Status Update: Federal Contractor Vaccine Mandate Injunction Narrowed Paid COVID Leave is Back in Philadelphia

Wage & Hour

DOL Authority to Increase Overtime Compensation Thresholds Affirmed Update on DOL’s Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions DOL Issues Final Rule Increasing Compensation Thresholds for FLSA Overtime Exemptions

WARN

SVB Fall Out – Beware of Employment Law Risks Back 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 Agreements SEC Increases Scrutiny of Whistleblower Protections BSA Whistleblower Provision Gains Teeth

Workplace Rules

Final Guidance on Workplace Harassment Published by EEOC SEPA SHRM and Ballard Spahr LLP 2024 HR Legal Summit NLRB Returns to a More Stringent Framework For Workplace Rules