Amy Jordan Wilkes and Gabriell Jeffreys discuss practical steps organizations can take to prepare for the Pregnant Workers Fairness Act and the issuance of the final EEOC regulations.
...more
After issuing proposed rules and seeking public comment in October 2022, the Department of Labor (DOL) announced the finalized regulations for its new Independent Contractor Rule (the New Rule), which takes effect on March...more
1/10/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Over-Time ,
Wage and Hour
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on "Enforcement Guidance of Harassment in the Workplace."
The guidance...more
10/5/2023
/ Digital Platforms ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Hostile Environment ,
Labor Reform ,
Proposed Regulation ,
Protected Class ,
Regulatory Agenda ,
Social Media
On August 30, 2023, the U.S. Department of Labor (DOL) unveiled a significant proposed increase to the salary threshold for exemptions to the Fair Labor Standards Act’s (FLSA) overtime pay requirements. The DOL estimates the...more
9/7/2023
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its long-awaited Notice of Proposed Rulemaking (NPRM) to implement the Pregnant Workers Fairness Act (PWFA)....more
8/11/2023
/ Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
NPRM ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
Congress recently enacted two laws expanding workplace legal protections for pregnant and nursing employees: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP...more
6/9/2023
/ Breastfeeding ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
Lactation Accommodation ,
New Legislation ,
Posting Requirements ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation
Despite a disclaimer, the Alabama Supreme Court held the City of Montevallo’s Employee Handbook created a contract with employees that placed additional obligations on the City before it could terminate employees....more
On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court...more
6/30/2022
/ Abortion ,
Americans with Disabilities Act (ADA) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Group Health Plans ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Free Speech ,
Health Insurance ,
Healthcare ,
NLRA ,
Patient Access ,
Pregnancy ,
Pregnancy Discrimination Act (PDA) ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Sex Discrimination ,
Title VII
What is Mandatory Arbitration? -
Mandatory arbitration clauses and agreements require individuals to pursue potential legal claims through arbitration instead of through the court system. ...more
3/8/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
HELPFUL HINTS -
The Federal No Surprises Act The Federal No Surprises Act (the “Act”) became fully effective on January 1, 2022. The Act protects enrollees in group and individual market plans (including ERISA plans) and...more
1/25/2022
/ Advisory Opinions ,
Anti-Kickback Statute ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare ,
Healthcare Fraud ,
Healthcare Reform ,
Healthcare Workers ,
Infectious Diseases ,
Mental Health ,
National Federation of Independent Business v Department of Labor and OSHA ,
New Legislation ,
OIG ,
OSHA ,
Surprise Medical Bills ,
Vaccinations
WHAT MATTERS -
After more than two months of litigation, the Supreme Court stayed OSHA’s November 5, 2021 Emergency Temporary Standard requiring COVID-19 vaccination or weekly testing for employers with more than 100...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Can COVID-19 be Considered a Disability?
The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more
On December 17, 2021, a 2-1 ruling from a three-judge panel of the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s COVID-19 vaccination and testing Emergency Temporary...more
12/22/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Resources -
South Carolina Business License Reforms Go Into Effect January 1, 2022 -
South Carolina businesses have historically been subject to business license taxes on their gross income that vary widely from...more
12/16/2021
/ Biden Administration ,
Business Licenses ,
Contract Management ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Federal Contractors ,
Infectious Diseases ,
Minimum Wage ,
Online Contracts ,
Tax Liability ,
Tax Reform ,
Tipped Employees ,
Tips ,
Travel Ban ,
Vaccinations ,
Wage and Hour
Tip Credits under the Fair Labor Standards Act -
The Fair Labor Standards Act (“FLSA”) generally permits employers to pay tipped employees less than the minimum hourly wage, provided that the tips the employee receives are...more
12/1/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Food Service Workers ,
Job Duties ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Resources -
Safer Federal Workforce Task Force Updates Guidance for Federal Contractors -
On November 10, 2021, the Safer Federal Workforce Task Force updated its Guidance for Federal Contractors (“Guidance”). As...more
11/17/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Marijuana ,
Model Contract Clauses ,
OSHA ,
Public Health Emergency ,
Regulatory Requirements ,
Religious Exemption ,
Vaccinations ,
Workplace Safety
Helpful hints -
OIG Updates Health Care Fraud Self-Disclosure Protocol (“SDP”) -
On November 8, 2021, the OIG issued an updated SDP to providers, which included clarifications of existing guidance and increased the minimum...more
11/16/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Disproportionate Share Adjustments ,
Employer Mandates ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
OIG ,
Outpatient Prospective Payment System (OPPS) ,
Physician Fee Schedule ,
Self-Disclosure Requirements ,
Vaccinations
On November 5, 2021, Alabama Governor Kay Ivey signed into law a bill governing COVID-19 vaccine exemption requests. The law is intended to provide safeguards to employees who refuse an employer-required COVID-19 vaccine, as...more
On November 5, 2021, OSHA will publish a new Emergency Temporary Standard (“ETS”) setting forth employee COVID-19 vaccination and testing requirements for employers with 100 or more employees. ...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On November 1, 2021, the Safer Federal Workforce Task Force issued additional guidance for federal contractors with respect to vaccine mandates and other COVID-19 safety protocols. The new guidance is available on the Safer...more
11/3/2021
/ Affiliates ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Subcontractors ,
Vaccinations ,
Workplace Safety
Resources -
What We Do And Don’t Know About The New COVID-19 Vaccination Mandates -
Since President Biden’s announcement on September 9, 2021 of plans for COVID-19 vaccination and/or weekly testing mandates, we have...more
11/1/2021
/ Business Licenses ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Enforcement Actions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Gamification ,
Infectious Diseases ,
Regulation Best Interest ,
Safety Standards ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Vaccinations ,
Workplace Safety
On October 25, 2021, the Equal Employment Opportunity Commission (“EEOC” issued new guidance regarding religious objections to workplace COVID-19 vaccination requirements. The new guidance is included in the EEOC’s larger...more
10/26/2021
/ Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Resources -
FAR Council Issues Ensuring Adequate COVID-19 Safety Protocols For Federal Contractors Clause The Federal Acquisition Regulatory (“FAR”) Council has published a new clause (“COVID Clause”), and has asked...more
Resources -
COVID-19 Vaccine Guidance for Federal Contractors -
On September 24, 2021, the Safer Federal Workforce Task Force released guidance detailing COVID-19 vaccination and other pandemic-related workplace...more
10/8/2021
/ Biden Administration ,
Construction Project ,
Construction Workers ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Foreign Workers ,
I-94 Cards ,
Infectious Diseases ,
Real Estate Development ,
Safety Programs ,
Vaccinations ,
Workplace Safety
On September 27, 2021 Burr & Forman published COVID-19 Vaccine Guidance for Federal Contractors, noting that the Federal Acquisition Regulations Council was to develop a mandatory Federal Acquisition Regulation (“FAR”) clause...more
10/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Model Contract Clauses ,
Public Health Emergency ,
Regulatory Requirements ,
Safety Programs ,
Subcontractors ,
Vaccinations ,
Workplace Safety