Employment Law Blog

Here We Go Again: New DOL Independent Contractor Rule In Effect

In the continuing tug of war that has taken place with recent successive presidential administrations, the Department of Labor (“DOL”) on January 10th, 2024, published a new final rule to once again define “independent contractor” for purposes of the Fair Labor Standards Act (“FLSA”). The new rule adopts a six-factor test to determine the “economic reality” of the relationship between the worker and the potential employer. It went into effect on March 11th.  More >

Dogs and Horses and…Alligators? Oh My! How to Handle Service and Support Animals in the Workplace

Recently, a Philadelphia man made news when he and his “emotional support alligator” were denied entrance to the Phillies stadium. That decision may seem obvious, but in recent years, issues surrounding support and service animals have become more complicated, especially in the workplace. More >

Supreme Court Remodels Title VII Religious Accommodations in Groff v. DeJoy

For nearly 50 years, the common test of religious accommodation from the Hardison v. Trans World Airlines, Inc. case was that, if a religious accommodation required more than a de minimis cost, it was asking too much of an employer under Title VII. In Groff v. DeJoy, the Supreme Court of the United States  decided that this standard needs a reset, and employers may be in for a few changes. More >

An Employer's Guide to Intermittent FMLA Leave

Through the Family and Medical Leave Act (FMLA), certain employees are entitled to 12 work weeks of unpaid leave under specific medical or family circumstances, such as parental leave or a serious health condition. In some cases, employees eligible under FMLA take their 12 weeks of leave all at once. However, FMLA does not require leave to be used in a single block. Employees with qualifying circumstances may take their allotted leave in smaller increments that amount to as much as 12 work weeks over a 12-month period—but this “intermittent leave” can cause numerous headaches for employers. It’s important for employers to understand how intermittent leave works and how to best handle its effects in the workplace. More >

Because of Winn-Dixie—New DOJ Guidance for Website Accessibility and ADA Compliance

When most employers and business owners think of their obligations under the Americans with Disabilities Act (ADA), they think of reasonable accommodations for employees and accessibility in their physical public spaces, such as automatic doors or Braille. A recent decision from a federal appellate court and recent guidance from the Department of Justice (DOJ), however, should cause business owners to also think about their accessibility in another kind of public space—the internet. More >

Employer Update: Keeping Up with COVID

Nearly two full years into the pandemic, employers are still struggling to keep up with ever-evolving guidance, requirements, and recommendations regarding the virus—and for good reason, as the advice for how to keep employees safe while staying in business has been constantly evolving.  As the Omicron variant creates even more problems, some employers are suffering now more than ever. We have rounded up crucial updates for employers so you can handle the ongoing impacts of the pandemic to the best of your ability. More >

OSHA Suspends Federal Vaccine Mandate

On November 5th, 2021, the Occupational Safety and Health Administration (“OSHA”) released an Emergency Temporary Standard (ETS) requiring all employers with 100 or more employees to implement policies requiring employees to either be vaccinated against the coronavirus or submit to weekly testing. More >

WEBINAR - Myths, Masks, and Mandates

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IMPORTANT EMPLOYMENT UPDATE: Federal Executive Orders Will Require Many Employers to Mandate Vaccines for Workforce

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

Since the first COVID-19 vaccine became available last December, employers have been asking themselves whether they should—or even could—require their employees to receive the shot. For many employers, this question has now been answered—by a pair of executive orders from President Biden. These orders will require nearly two thirds of the American workforce to be vaccinated in response to rising infection rates throughout the country. What does this mean for employers? More >

Can’t Keep Up? Current COVID Guidance for Employers

For more on this subject, view our webinar, Myths, Masks, and Mandates: More Advice for the Continuing Workplace Challenges of COVID-19.

As the pandemic continues to march on, workplaces must march on too—but the beat of the drum seems to change constantly! Guidance for employers has become more difficult to follow with each passing day. If you feel like you can’t keep up, here’s a quick rundown of the current state of COVID recommendations and responsibilities for employers. More >