The Corporate Transparency Act (CTA) became law on January 1, 2021, and requires companies formed and/or operating in the United States to disclose beneficial ownership information through a database that will be maintained...more
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
The Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020. H.R. 6201 amends several existing federal laws and creates new law to address the...more
The Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020. H.R. 6201 amends several existing federal laws and creates new law to address the...more
“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
Two recent SEC enforcement actions that describe how severance agreements may violate whistleblower protections under the federal securities laws if not properly drafted were the subject of a recent article by Perkins Coie...more
12/21/2016
/ BlueLinx Holdings ,
Confidential Information ,
Confidentiality Agreements ,
Defend Trade Secrets Act (DTSA) ,
Enforcement Actions ,
Health Net ,
Intellectual Property Protection ,
Popular ,
Rule 21F-17 ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Severance Agreements ,
Trade Secrets ,
Whistleblower Protection Policies ,
Whistleblowers
Last week, the U.S. Department of Labor’s pending Fair Labor Standards Act (FLSA) regulation raising the minimum salary levels for “exempt” white collar employees was blocked by a federal district court judge in the Eastern...more
11/28/2016
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Popular ,
Preliminary Injunctions ,
Wage and Hour ,
White-Collar Exemptions
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