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It’s the final countdown - Court ponders FTC non-compete rule with employer implementation deadline just days away

With just two weeks to go before the Federal Trade Commission’s nationwide ban on non-compete agreements is set to go into effect, and with a Texas federal court still deciding whether to block the rule from going into effect...more

New DOL overtime rule takes effect for millions (except for employees of the State of Texas)

As we reported earlier this spring in the article, “Millions more U.S. workers to be eligible for overtime under final DOL rule,” the U.S. Department of Labor’s final rule raising the salary threshold for white collar workers...more

FTC announces nationwide ban on noncompetes in the workplace

More than a year after the Federal Trade Commission proposed a game-changing nationwide ban on noncompete agreements, the agency yesterday issued its final rule for implementing the ban. The prohibition, which is slated to go...more

What to expect (from the Pregnant Workers Fairness Act) when you’re expecting

Since 1978, Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, has prohibited discrimination on the basis of pregnancy, childbirth and related medical conditions.  However, for 45 years, the...more

Garnishments 101: A short refresher

Payroll garnishments — “continuing earnings garnishments” — are court-ordered procedures that require an employer to withhold certain amounts from an employee’s paycheck and send those amounts directly to a third-person...more

New law to offer additional employment protections to pregnant workers, applicants

As part of the comprehensive Consolidated Appropriations Act of 2023, President Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The PWFA, which applies to employers with 15 or more employees, aims to...more

Job fraud targets both applicants, employers

By now, everyone knows they shouldn’t respond to an email from a supposed Nigerian prince who promises you a share of his fortune, if only you’ll help him get millions of dollars out of his country. But just when you think...more

Employers, beware of scammers hijacking your identity to commit job recruitment fraud

Just when it seems that consumers have caught on to one particular online scam or phishing expedition – think of the ubiquitous Nigerian prince email scam that first began making the rounds in the 1990s – a new one comes...more

Department of Education’s proposed changes to Title IX designed to expand protections

In celebration of the 50th anniversary of Title IX of the Education Amendments of 1972, the U.S. Department of Education released for public comment its long-awaited proposed amendments to the civil rights law. These proposed...more

EEOC warns of higher risk of caregiver discrimination in changing world and workplace

The COVID-19 pandemic placed a spotlight on the demands of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic...more

Biden signs Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

In a February 11th article titled Congress passes legislation to end forced arbitration of sexual assault and harassment claims, we alerted employers to new legislation passed by Congress that was aimed at ending forced...more

Congress passes legislation to end forced arbitration of sexual assault and harassment claims

On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This legislation specifically provides individuals the choice of whether to arbitrate or take to court disputes...more

CMS updates deadlines and guidance after SCOTUS upholds vaccine mandate

On November 5, 2021, the U.S. Secretary of Health and Human Services issued a rule amending the existing conditions of participation in Medicare and Medicaid to add a new requirement – that facilities ensure their covered...more

OSHA’s dos and don’ts for mandatory COVID-19 testing of unvaccinated employees

Beginning February 9, 2022, large employers will have to implement the COVID-19 testing requirements of the OSHA ETS. If employers implement a vax-or-test policy, they must comply with the weekly testing requirements and...more

Supreme Court to hear oral arguments on OSHA and CMS vaccine mandates on January 7

On Wednesday December 22, 2021, the U.S. Supreme Court fast-tracked challenges to two federal vaccine mandates, and said it would hear oral arguments on the OSHA vax-or-test mandate for large employers and the CMS vaccine...more

Sixth Circuit lifts stay on vax-or-test mandate for large employers

Challenges to the federal government’s “vax-or-test” mandate for private employers with 100 or more employees started almost as soon as the Occupational Health & Safety Administration released its emergency temporary standard...more

Depending on fact-based assessment, COVID may be considered disability under ADA

On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more

Legal challenges to federal vaccine mandates continue

To date, legal challenges to three federal vaccine mandates are pending in courts across the country. The following is an update regarding the status of those lawsuits and what types of employers are impacted by that...more

Healthcare industry’s full compliance now required for OSHA’s emergency temporary standards

The Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standards (ETS) became effective on June 21, 2021. Compliance with most of the provisions was required by July 6, 2021. The last of those...more

National paid employment leave program included in proposed American Families Plan

Last month, the Biden administration unveiled its American Families Plan, an initiative focused on supporting children and families that includes making investments in education, extending tax cuts to lower and middle-income...more

Avoiding a ‘train’ wreck: New Title IX training requirements

As announced in our previous article titled “Updated Title IX regs to change the way colleges respond to sexual harassment allegations”... the U.S. Department of Education recently updated its regulations to Title IX of the...more

COVID-19: Round-up of recent DOL guidance and developments

The effect of furloughs on FFCRA leave - Due to the financial impact of the COVID-19 pandemic, many employers have had to make the difficult decision to furlough members of their workforce. A furlough is not a layoff or...more

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

Summer camp or summer program closures may provide child care leave under FFCRA

Just recently, the U.S. Department of Labor issued guidance regarding the closure of summer camps, summer enrichment programs, and other summer programs, and whether those closures would allow an eligible employee to take...more

Updated Title IX regs to change the way colleges respond to sexual harassment allegations

Last month, the U.S. Department of Education published its long-awaited final regulations under Title IX of the Education Amendments Act of 1972, the federal law that protects individuals from discrimination based on sex in...more

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