The Supreme Court of the United States issued its opinion in Groff v. DeJoy (opinion here) on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the...more
7/3/2023
/ Americans with Disabilities Act (ADA) ,
Certiorari ,
Civil Rights Act ,
De Minimus Doctrine ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship ,
USPS
The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority.
The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more
4/1/2022
/ Biden Administration ,
Contractors ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Independent Contractors ,
NCAA ,
NLRB ,
NLRB General Counsel ,
Property Owners ,
Unions ,
Vaccinations ,
Virus Testing
According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act (FDCA)—which authorizes an “emergency use authorization” (EUA) for...more
7/29/2021
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Emergency Use Authorization (EUA) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exemptions ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Vaccinations
A COVID-19 vaccine authorized by the U.S. Food and Drug Administration (FDA) for emergency use has arrived in the United States and is being widely distributed to select groups as we issue this update. It is more than likely...more
12/17/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
FDA Approval ,
Health and Safety ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. However, the nature and the degree of those changes will depend heavily on how Biden fills senior roles not only at DOL but also in...more
11/13/2020
/ Biden Administration ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
OFCCP ,
OLMS ,
OSHA ,
Pay Discrimination ,
Trump Administration
“Epidemic” Versus “Pandemic”: A Distinction With A Difference -
On March 11, 2020, the World Health Organization (WHO) officially declared the outbreak of the coronavirus (COVID-19) a global pandemic. Previously, the...more
Employers are rightfully concerned about what, if anything, they should be doing to respond to the continued spread of the coronavirus (COVID-19), with confirmed cases in dozens of countries, including the United States. As...more
3/2/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Handbooks ,
Employer Liability Issues ,
Foreign Nationals ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Traveling Employee ,
Workplace Safety
Although business-related settlement payments (and attorneys’ fees) are generally tax-deductible, the 2017 Tax Cuts and Jobs Act (the Tax Act) restricts an employer’s ability to obtain tax deductions for settlements of sexual...more
Last week, in an unprecedented shift away from long-standing Board precedent, Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (NLRB), asserted that McDonald’s, USA LLC (McDonald’s USA) — the...more