Employment Law
EEOC Takes Action to Address Mental Health Discrimination in the Workplace
Posted in Employment Law
Employers must take notice that the United States Equal Employment Opportunity Commission (EEOC) is cracking down on companies that discriminate against workers because they have a mental health condition. Mental health conditions, such as major depressive disorder, bipolar disorder, and schizophrenia, substantially limit brain function. The EEOC determined these disorders… Continue reading
Navigating 2023’s Employment Landscape: Legal Compliance and the Perils of Template Reuse
Posted in Employment Law
So far, 2023 has proven to be a particularly active year in the employment space, with federal government agencies weighing in on a variety of issues. Of note, severance agreements have been a specific target of both the National Labor Relations Board (the “NLRB”) and the Securities and Exchange Commission… Continue reading
The U.S. Equal Employment Opportunity Commission (EEOC) on Aug. 7 Announced a Proposal for Implementing the Pregnancy Workers Fairness Act (PWFA)
Posted in Employment Law
The PWFA is a new federal law that went into effect June 27, 2023. It requires private and public employers with at least 15 employees to provide “reasonable accommodations” to worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue… Continue reading
DOL Opinion Letter Clarifies How Employers Are Supposed to Calculate Family and Medical Leave Act When It’s Taken During a Week That Includes a Holiday
Posted in Employment Law
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with… Continue reading
New Jersey’s New Temporary Workers Law Challenged in Federal Court
Posted in Employment Law
In a case with monumental implications for the temporary staffing industry in the State of New Jersey, a group of industry trade associations and advocacy groups representing New Jersey temporary staffing agencies have sued the State over its recently enacted Temporary Laborers’ Bill of Rights. In their twenty-five page complaint… Continue reading
DOL Issues New FLSA and FMLA Worksite Posters – What Employers Need to Know
Posted in Employment Law
The U.S. Department of Labor (DOL) recently updated the required federal worksite posters that all covered employers must display under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and more changes are on the horizon. Here’s what employers, business owners, and HR managers need… Continue reading
U.S. Supreme Court to Review Standard of Proof in Corporate Whistleblower Retaliation Cases
Posted in Employment Law
In a case with potentially significant and wide-ranging implications for federal whistleblower retaliation protections, the United States Supreme Court has agreed to review a Second Circuit Court of Appeals ruling regarding the evidentiary burden of corporate whistleblowers under the anti-retaliation provisions of the Sarbanes-Oxley Act of 2002 (SOX), 18 U.S.C…. Continue reading
May 11, 2023, Marks The End of the COVID-19 Pandemic Public Health Emergency
Posted in Employment Law
May 11, 2023, marks the end of the COVID-19 pandemic public health emergency (“PHE”)—the beginning of a significant phase in the pandemic response in the U.S., as well as the ending of a series of benefits enabled by the emergency. The end of the PHE means a number of provisions will… Continue reading
Supreme Court of the United States Considers Important Religious Accommodation Standard Case
Posted in Employment Law
On April 18, 2023, the United States Supreme Court entertained oral arguments regarding an extremely important case that will provide employers with rules they should follow for granting workers religious accommodations. The High Court considered whether to maintain or revise the standard established by Trans World Airlines v. Hardison, 432… Continue reading
Steps Your Company Should Immediately Take to Protect It from a Sexual Harassment Claim
Posted in Employment Law
If your company has employees, it is almost certain that at some point your company will have to address a sexual harassment claim. There are steps your company should immediately take to limit its liability and protect your employees from unlawful discrimination. Let’s begin this discussion with a quick overview… Continue reading