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Showing 247 posts in Employment Law.
SCOTUS Opens the Door to “Reverse” Discrimination
Employers expecting good news from a largely pro-employer Supreme Court have just been dealt an unexpected headache. In a rare unanimous opinion, the United States Supreme Court opened the door a little further to claims of “reverse” discrimination in the case of Ames V. Ohio Department of Youth Services. The Court removed the requirement that plaintiffs claiming reverse discrimination must prove their claims with additional background circumstances that were not required for a traditional discrimination claim. More >
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 >
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 >
FTC Moves to Ban Non-Competes
On January 5th, 2023, the Federal Trade Commission released a proposal for a new rule that would ban almost all forms of non-compete agreements—and employers should be warned. The rule, as proposed, would cause major administrative headaches for employers—as well as eliminating a key tool for protecting trade secrets, client bases, and more. More >
New Standard Mileage Rates for 2023 Issued by IRS
Effective January 1, the IRS has issued the 2023 optional standard mileage rates for employers to calculate reimbursement for employees who operate a vehicle for business purposes. More >
New Year Brings New Federal Protections for Pregnant and Nursing Employees
At the end of December, Congress passed two bills that alter employers’ obligations to pregnant and nursing employees, with new standards that will be going into effect in 2023. The first of these bills is the Pregnant Workers Fairness Act (PWFA), which provides employees who are experiencing conditions arising from pregnancy or childbirth with the right to reasonable accommodations. The second is the Providing Urgent Maternal Protections for Nursing Mothers Act, also known as the PUMP Act. While there are already federal requirements in place for employers to provide postpartum employees with nursing facilities meeting certain standards, the PUMP Act expands the coverage of those requirements to more types of employees. More >
WEBINAR - Scary Stories from the HR Department, Chapter V: Invasion of the Employee Snatchers!
Ninth Circuit Ruling Portends Changes for Compensable Time
The Ninth Circuit Court of Appeals ruled that the time employees spend booting up computers and launching their timekeeping system is compensable time under the Fair Labor Standards Act (FLSA) when these activities are integral and indispensable to an employee’s principal work activities. More >
Fourth Circuit Rules That Gender Dysphoria Is Not Excluded by ADA
Earlier this week, the U.S. Court of Appeals for the Fourth Circuit ruled that gender dysphoria is not to be excluded from the broad definition of “disability” laid out in the Americans with Disabilities Act (ADA). This decision may signal a new direction for discrimination law, and employers should be aware of its impacts. More >
Does Your COVID Testing Program Pass the Test? – EEOC Updates COVID Guidance for Employers
After nearly two and a half years of constantly evolving standards for handling COVID in the workplace, it is no surprise that the EEOC has updated its guidance once again. The most significant change in guidance applies to testing employees for COVID, and employers should be aware of this shift in order to maintain compliance. More >
