Archives of Newsletter Articles

Companies Settle with EEOC in Racial Discrimination Lawsuit

The EEOC recently announced that a trucking business and its staffing agency willcollectively pay $2 million to settle a lawsuit brought by the Equal Employment OpportunityCommission (EEOC). The EEOC alleged that the companies violated federal law by subjecting African Americanemployees to racial discrimination, harassment, and retaliation. Specifically, it argued thatAfrican American employees were subjected to […]

EEOC Provides Guidance to Employers on COVID Vaccine

The EEOC recently provided guidance to employers, clearing up a few key questionsregarding vaccinations in the workplace. Can an employer require its employees to be vaccinated forCOVID-19? The federal equal employment opportunity laws do not prevent an employer from requiringemployees to be vaccinated for COVID-19, as long as the employer complies withreasonable accommodation requirements under […]

ARPA’s COBRA Subsidy Rule

The American Rescue Plan Act of 2021 (ARPA) requires employers to subsidize 100 percent of the cost of premiums for COBRA continuation for eligible employees and their dependents from April 1, 2021 through September 30, 2021. Since ARPA was signed into law, the U.S. Department of Labor (DOL) issued additional guidance to help employers navigate […]

Telemedicine after COVID-19

Telemedicine in the United States has exploded over the last year because of the COVID-19 pandemic. A survey found that more than 60% of Americans had used telehealth, compared to a year earlier when just under 20% had. This has largely been due to federal policy changes, including non-penalties for HIPAA violations during telehealth visits […]

Information Blocking Rule

The Information Blocking Final Rule went into effect in April of 2021, requiringhealthcare providers to provide and share information upon the legitimate request ofa patient or other healthcare provider without unreasonable delay. What do healthcare providers need to know about informationblocking? The Information Blocking Final Rule is request driven—it has everything to do withresponding to […]

Employers can learn a lot from the Amazon union drive in Alabama

Earlier this month the results of a widely publicized unionization vote at a 6,000-person Amazon fulfillment center in Bessemer, Alabama were announced, with workers decisively voting against forming a union. Despite the loss, many experts believe that unionization in America is poised for a resurgence. The Biden administration has been openly sympathetic to unions and […]

Eleventh Circuit says companies don’t need to accommodate users under ADA

In recent years, risk of website accessibility litigation has been on the rise. From 2017 to 2018, the number of federally filed website accessibility cases nearly tripled, from 815 to 2,285. In 2019, more than 3,200 cases were filed. The majority of these cases involve accessibility standards for the visually impaired – that is, courts […]

DOL Issues New Guidance on Independent Contractor StatusContractor Status

On January 6, 2021, the US Department of Labor (DOL) issued long sought-after clarity on the legal distinction between independent contractors and employees under the Fair Labor Standards Act (FLSA). The rule is scheduled to take effect on March 8, 2021.  The rule reaffirms the “economic reality” test to determine whether an individual is in […]

EEOC To Re-Open EEO Data Collections In 2021

After delaying the opening of the 2019 EEO-1 Component 1 Data Collection on May 8, 2020 in light of COVID-19, the Equal Employment Opportunity Commission (EEOC) recently announced the 2019 and 2020 EEO-1 Component 1 Data Collection (EEO-1 Report) is on schedule to open in 2021. The EEO-1 Report is a compliance survey mandated by […]