INCREASED EEOC FOCUS ON DISCRIMINATION AND HARASSMENT AGAINST TRANSGENDER EMPLOYEES
The Equal Employment Opportunity Commission (“EEOC”) is ramping up its focus on addressing discrimination and harassment against transgender employees. In August 2023, the EEOC announced its new Strategic Enforcement Plan for fiscal years 2024-2028. In the Strategic Enforcement Plan, the EEOC outlined an increased focus in preventing and addressing discrimination and harassment against multiple categories […]
DOL RELEASES NEW WORKER CLASSIFICATION RULE
Out with the old…in with the new. On January 10, 2024, the U.S. Department of Labor (“DOL”) released a new final rule (the “new rule”) regarding classification of workers under the Fair Labor Standards Act (“FLSA”). The new rule replaces a Trump administration rule and returns to a six-factor test in determining whether, as a […]
UPDATES ON THE NLRB’S JOINT EMPLOYER RULE
New year, new rules…maybe. On October 26, 2023, the National Labor Review Board (NLRB) issued a final rule for determining joint employer status. Entities that share employees with other entities, such as contractors and subcontractors, companies using temporary employees, and franchisors and franchisees may be significantly affected by the final rule and may face a […]
EEOC TO EXPAND FOCUS ON MENTAL HEALTH RELATED DISABILITIES
In September, the Equal Employment Opportunity Commission (EEOC) released their Strategic Enforcement Plan (SEP) for fiscal years 2024-2028, outlining their enforcement goals and focus for the new year and beyond. As part of the SEP, the EEOC announced an increased focus on protecting specific categories of workers, including those with mental health related disabilities. Why […]
‘TIS THE SEASON: HOLIDAY CONSIDERATIONS FOR EMPLOYERS
Ready or not, the holiday season is here. While everyone is busy with decorating, last minute shopping, and holiday baking, the season can also bring special employment considerations. December is often a time spent wrapping up projects, celebrating a productive year, and appreciating employees, but employers should also take special care to navigate a variety […]
OCR’S TELEHEALTH RESOURCES FOR PATIENTS AND PROVIDERS
As we all know, since the beginning of the COVID-19 pandemic, telehealth has “virtually” transformed the meaning of healthcare for both patients and providers. Telehealth has made healthcare more available and accessible for a wide variety of patients and provided a safe alternative for those in need of medical care during the pandemic. While telehealth […]
NLRB FINAL RULE ON JOINT EMPLOYER STATUS
Are you an “employer” under the National Labor Relations Act notwithstanding your engagement with another company (e.g., a staffing firm) to supply workers? As 2023 begins to wrap up, the National Labor Relations Board (“NLRB”) is upping their standards for deciding whether an entity meets the definition of a joint employer. The NLRB, which enforces […]
$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 […]