Archives of Newsletter Articles

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 […]
1 year ago

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 […]
1 year ago

‘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 […]
1 year ago

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 […]
1 year ago

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 […]
1 year ago

$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 […]
1 year 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 […]
1 year 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 […]
1 year 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, […]
1 year 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 year ago