All posts of Gardner Skelton

On March 14, 2022, the Equal Employment Opportunity Commission (EEOC) issued new guidance warning employers that discrimination against an employee with caregiving responsibilities may be unlawful under federal employment discrimination laws. Although Congress has not carved out a new protected class for “caregiver,” according to the EEOC, caregiving discrimination violates federal laws when it is […]

Covid–19 has certainly presented all employers with new challenges, including learning to interpret laws through the new lens of COVID–19 safety compliance. Most employers know that they cannot retaliate against employees and/or applicants for participating in protected activity. Employers should be alert to what the EEOC (the Equal Employment Opportunity Commission) views as “protected activity” […]

While the Department of Labor Workplace Posters appear to be an outdated means to communicate employee rights, these posters are still very much a part of the DOL’s arsenal to ensure that employees are aware of their rights. In most cases, the posters are still required to be on display in the workplace, and the […]

As we continue to navigate through the unprecedented times of Covid-19, there have been many questions surrounding the costs of at-home Covid-19 tests, and whether private insurance companies should cover such costs. In December, President Biden released a statement saying that we should expect to receive updated guidance from the Departments of Labor, Health and […]

In today’s age, nearly all Americans have some sort of social media account, whether that be Facebook, Instagram, Twitter, LinkedIn, YouTube, or TikTok. With this widespread use, employers are often faced with a myriad of challenges relating to their employee’s social media accounts. Employees will often post statements/videos/comments on their private accounts that may not […]

The Equal Pay Act (EPA) prohibits employers from discriminating “between employees on the basis of sex by paying wages to employees… at a rate less than the rate at which [it] pays wages to employees of the opposite sex.” Previously, courts determined that the EPA required companies to make sure the total compensation for employees […]

On December 14, 2021, the Equal Employment Opportunities Commission (EEOC) released Guidance on when Covid-19 is considered a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employee is considered an “individual with a disability” if (1) s/he has an actual disability, (2) s/he has a record of having a disability, or […]

The No Surprises Act, effective January 1, 2022, is designed to protect patients from “surprise bills” – bills for services patients unexpectedly receive from out-of-network (OON) providers in an in-network facility. The law also promotes patient transparency by requiring providers to give good faith estimates of the total cost of expected care to uninsured and […]

Last month, the Internal Revenue Service (IRS) announced that the 2022 employee contribution limit to 401(k) plans has been raised to $20,500, an increase from $19,500 for 2021 and 2020. People aged 50 and older may contribute a catch-up of $6,500 to 401(k), 403(b), most 457 plans, and the federal government’s Thrift Savings Plan. The […]