All posts of admin

$36 MILLION VERDICT AWARDED IN DISABILITY DISCRIMINATION CASE

Having and abiding by correct non-discrimination policies could be worth tens of millions of dollars. On September 1, 2023, a jury awarded a $36 million verdict against a Nebraska trucking company in EEOC v. Werner Enterprises for failure to hire and failure to accommodate. In 2016, Victor Robinson (“Robinson”), a deaf man, applied for a […]
2 years ago

EMPLOYMENT ALERT: DOL PROPOSED OVERTIME RULE

Now, while it is still early, is the time for employers to consider and prepare for potential increased overtime costs. As it stands today, the salary threshold for workers who can be exempt from overtime pay requirements is $35,568. That means, if all other exemption requirements are satisfied, workers with a salary of at least […]
2 years ago

EEOC RELEASES PROPOSED RULE ENFORCING THE PREGNANT WORKERS’ FAIRNESS ACT

On August 11, 2023, the Equal Employment Opportunity Commission (“EEOC”) released a proposed rule to establish regulations enforcing the Pregnant Workers’ Fairness Act (“PWFA”). The PWFA took effect on June 27, 2023, and requires employers with 15 or more employees to provide certain accommodations to qualified employees with limitations due to pregnancy, childbirth, or other […]
2 years ago

NEW REPORTING REQUIREMENTS UNDER CORPORATE TRANSPARENCY ACT

Dedicated to preventing money laundering and other illicit financial activities, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FINCEN”) has released new regulations regarding reporting under the Corporate Transparency Act (“CTA”). These regulations largely affect small businesses.  Beginning January 1, 2024, all businesses classified as a “reporting company” must report information about the reporting company, […]
2 years ago

STATUS OF AFFIRMATIVE ACTION IN EMPLOYMENT

Affirmative action and race-conscious decision making have been recent topics of discussion following the Supreme Court’s June ruling that affirmative action and race-conscious decision making in education are violations of the Equal Protection Clause of the Constitution. While the decision will have a major impact on higher education, the effects do not yet extend to […]
2 years ago

UPDATED STANDARDS FOR RELIGIOUS ACCOMMODATIONS

On June 29, 2023, the Supreme Court issued a decision in Groff v. DeJoy (“Groff”), clarifying employers’ burden to show that a religious accommodation creates an “undue hardship.” Before the decision, an accommodation could cause an undue hardship if it imposed anything more than a de minimis – trifling or minor – cost to the […]
2 years ago

UPDATES FOR FTC’S PROPOSED NON-COMPETE RULE

In March, we published a summary of the Federal Trade Commission’s proposed rule to effectively ban non-compete agreements across almost all industries. Earlier this year, the FTC sent shockwaves throughout the labor market after announcing a new proposed rule that would prevent employers across nearly every industry from entering into any non-compete agreement with an […]
2 years ago

AVOID OCR INVESTIGATIONS: STOP SNOOPING IN ITS TRACKS

On June 15, 2023, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) announced that a Washington hospital would pay $240,000 as part of a settlement for HIPAA violations concerning medical record “snooping.” In May 2018, Yakima Valley Memorial Hospital submitted a breach notification to OCR, triggering an investigation. The hospital […]
2 years ago

HHS PROPOSED REPRODUCTIVE HEALTHCARE RULE

On April 12, 2023, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) released a proposed rule (the “Rule”) that would modify the HIPAA Privacy Rule to include stricter standards for the use or disclosure of PHI to investigate or prosecute patients, providers, and others receiving, providing, or involved in reproductive […]
2 years ago