Massachusetts has passed into law An Act Relative to Salary Range Transparency (the “Act”), which means that pay transparency and pay data reporting requirements will soon become official. In advance of the effective dates...more
The Pregnant Workers Fairness Act (PWFA), which has been in force since June 27, 2023, expands protections for individuals by requiring covered employers make reasonable accommodations to “known limitations” related to...more
The United States Equal Employment Opportunity (“EEOC”) has issued its final guidance on “Enforcement Guidance on Harassment in the Workplace,” the first of its kind in over 20 years. This final guidance builds on a variety...more
5/30/2024
/ Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Federal Trade Commission (FTC) ,
Final Guidance ,
Gender Identity ,
Minimum Salary ,
Non-Compete Agreements ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Protected Class ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Race Discrimination ,
Religious Accommodation ,
Remote Working ,
Retaliation ,
Sex Discrimination ,
Workplace Harassment Guidance
In Muldrow v. City of St. Louis, Mo., the U.S. Supreme Court made it easier for employees who are involuntarily transferred to a lateral position to pursue discrimination claims, even when they retain the same pay, benefits...more
4/23/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Diversity and Inclusion Standards (D&I) ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Equal Employment Opportunity Commission ("EEOC") released its Proposed Enforcement Guidance on Harassment in the Workplace. In light of recent legal developments, such as the Bostock v. Clayton County decision, which...more
10/17/2023
/ #MeToo ,
Abortion ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Bostock v Clayton County Georgia ,
Confidential Information ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Harassment ,
Popular ,
Proposed Guidance ,
Race Discrimination ,
Social Media ,
Title IX ,
Transgender ,
Workplace Harassment Guidance
The U.S. Supreme Court is set to decide whether Title VII of the Civil Rights Act of 1964 bars discrimination in employment transfer decisions if at the transfer decision did not cause a significant disadvantage. Below is a...more
The NLRB’s General Counsel Jennifer Abruzzo has released a memo offering further guidance on the Board’s recent decision in McLaren Macomb. In our previous post addressing that decision, we highlighted several outstanding...more
Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more
Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more
The Supreme Court will hear a case (Groff v. DeJoy) brought by a former mail carrier who was disciplined for refusing to work on Sundays, allowing the Court to address religious-based workplace accommodations. More...more
The Boston Celtics recently suspended its head coach Ime Udoka for the entire 2022-2023 season and although the team did not disclose whether the suspension will be paid or unpaid, it noted that he will be subject to a...more
California first legalized medical marijuana in 1996 and adult use or recreational marijuana in 2016. Since then, 39 states and the District of Columbia have legalized medical marijuana; 19 states have legalized adult...more
On Tuesday, the U.S. Department of Labor (DOL) proposed a rule that would make it more difficult for companies to classify workers as independent contractors. Such a change could potentially upend the gig economy, including...more
Congress has passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, marking a milestone in the #MeToo movement. This legislation (which President Biden is expected to sign into law) will effectively...more
The EEOC has updated guidance clarifying when COVID-19 may comprise a disability under the ADA. In a new Section N of its COVID-19 guidance entitled “COVID-19 and the Definition of ‘Disability’ Under the ADA, Rehabilitation...more
A Federal appeals court has temporarily blocked OSHA’s vaccine rule. Citing to potential “grave statutory and constitutional issues” with the rule, the 5th Circuit promised an expedited judicial review of whether to block it...more
In concept, the FMLA is simple. In practice, however, administering FMLA leave, particularly on an intermittent basis can quickly become complicated, and many employers struggle trying to track and manage intermittent...more
The reopening of schools during the COVID-19 pandemic continues to present challenges for working parents and the businesses that employ them. The mix of virtual and live classroom curricula are as varied and complex as the...more
A New York federal judge recently struck down certain aspects of the U.S. Department of Labor’s (“DOL”) Final Rule and accompanying guidance interpreting leave entitlements under the Families First Coronavirus Response Act...more
Last week, the Centers for Disease Control and Prevention (the “CDC”) issued updated guidance detailing steps employers and office building managers should take prior to reopening. This guidance follows the beginning stages...more
In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls.
Remember that wage and hour...more
Given the challenges presented by COVID-19, many businesses must consider large-scale, transformational changes to their operations. As social distancing continues and safety concerns pervade the public consciousness,...more
As economies begin restarting and the doors to traditional workplaces are opening, employers face challenges in reorganizing and protecting their places of business. However, the exact measures appropriate and effective for...more
Employers in essential or “critical infrastructure” industries face significant challenges in maintaining business operations while ensuring the health and safety of their employees and their community. Although workers in...more
Bringing positive news for employers and a welcome distraction from the COVID-19 crisis, the United States Supreme Court recently held that for claims of racial discrimination under Section 1981 of the Civil Rights Act of...more
4/21/2020
/ 42 U. S. C. § 1981 ,
Appeals ,
Burden of Proof ,
But For Causation ,
Civil Rights Act ,
Comcast ,
Comcast Corp. v National Association of African American-Owned Media ,
Commercial Contracts ,
Dismissals ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Race Discrimination ,
Racial Bias ,
Reversal ,
SCOTUS ,
Split of Authority ,
Substantial Motivating Factor Test ,
Television Broadcast Stations ,
Title VII