Archives of Newsletter Articles

A federal jury in Wisconsin recently awarded more than $125 million in punitive damagesto a former Walmart employee with Down syndrome. In its case against the retail giant,the U.S. Equal Employment Opportunity Commission (EEOC) alleged Walmart failed toaccommodate the employee’s request to return to her original work schedule afterchanges caused her disability-related difficulty. Failure to […]

Unlike the federal government, state and local governments generally must balance their operating budgets each year. COVID-19 continues to strain subnational revenue, and businesses are experiencing financial and compliance changes. Here are a few lesser-known impacts to businesses due to the pandemic. Remote workers – COVID-19 caused a huge transition into remote work, the remnants […]

President Biden recently released an executive order directing the Federal TradeCommission (the “FTC”) to “curtail the unfair use of non-compete clauses and otherclauses or agreements that may unfairly limit worker mobility.” What does the executive order on non-competes say? The executive order is not a mandate. However, it encourages the FTC to ban what it […]

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 […]

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 […]

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 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 […]

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 […]

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 […]

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 […]