Archives of Newsletter Articles

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 weeks 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, […]
3 weeks 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 […]
1 month 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 months 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 months 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 months 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 […]
3 months ago

AI IN THE WORKPLACE: WHAT EMPLOYERS NEED TO KNOW

With the rise of ChatGPT and other technology, artificial intelligence (“AI”) is all the rage these days. Although automated systems, with and without AI, certainly can make tasks easier and more efficient, they also have inherent risks. Further, when employers use AI in the workplace, they must ensure compliance with all applicable laws, regulations, and […]
4 months ago

WHAT YOU NEED TO KNOW ABOUT NC’S CON REFORMS

On March 23, 2023, North Carolina passed Session Law 2023-7 into law. While the law primarily aims to expand Medicaid coverage across the state, it also institutes significant reforms for the state’s Certificate of Need (“CON”) Program. CON Law requires health care providers to apply to the program and obtain a certificate in order to […]
4 months ago

UPDATED NOTICE OF RIGHTS UNDER FCRA REQUIRED WITH BACKGROUND CHECKS

On March 24, 2023, the Consumer Financial Protection Bureau (CFPB) released an updated version of their notice, “A Summary of Your Rights Under the Fair Credit Reporting Act” (the “Updated Notice”). Employers who conduct background or credit checks on employees or job applicants are required to provide the Updated Notice under FCRA. The Updated Notice […]
5 months ago