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Gavel to Gavel: Increased employer obligations for accommodating pregnant employees

Just last week, the Equal Employment Opportunity Commission’s final rule interpreting the Pregnant Workers Fairness Act went into effect. And while the law, which went into effect last June, and its regulations share some...more

Oh Baby: Pregnant Workers Fairness Act final regulations now in effect

On April 19, 2024, the Equal Employment Opportunity Commission published its final rule interpreting the Pregnant Workers Fairness Act. Today, the newly minted regulations went into effect....more

No good deed goes unpunished: Avoiding FLSA pitfalls surrounding holiday pay

The end of the year often brings a bevy of holiday compensation: bonuses, paid days off, and higher rates of pay. However, it is critical for employers to keep the Fair Labor Standards Act in mind when doling out these...more

Disciplining employee misconduct: A return to (relative) complexity

The decisions of the National Labor Relations Board have always been subject to the change — sometimes shifting pro-employer, sometimes pro-labor — depending on the political composition of its members. Once again, the Board...more

SCOTUS to decide whether highly compensated day-rate employee entitled to FLSA overtime pay

In September of 2021, the Fifth Circuit—the federal appeals court for district courts in Texas, Louisiana, and Mississippi—reversed a summary judgment order granted to Helix Energy Solutions Group related to the necessity of...more

For retaliation purposes, discrimination is in the eye of the beholder

Many employers know Title VII of the Civil Rights Act of 1964 broadly provides protection against discrimination and harassment based on protected categories such as race, sex, national origin, and religion. It is also widely...more

Revised EEOC conciliation process a win for employers

Last month, the Equal Employment Opportunity Commission published a new rule affecting its own processes for dealing with employers under investigation. The conciliation process, which is statutorily mandated, occurs after...more

SCOTUS blesses expansion of ‘ministerial exception’ for religious schools – McAfee & Taft

Does a teacher at a religious school have the right to bring suit for employment discrimination against her employer in civil court? Or does the U.S. Constitution’s Freedom of Religion Clause shield religious employers from...more

New DOL guidance on non-discretionary bonuses and per-project pay

On January 7, 2020, the Department of Labor’s Wage and Hour Division (DOL) released two opinion letters providing guidance for dealing with issues arising under the Fair Labor Standards Act (FLSA). While DOL opinion letters...more

When parent-teacher conferences qualify for FMLA leave

A U.S. Department of Labor opinion letter, published on August 8, 2019, found certain types of parent-teacher conferences can be considered qualified leave under the Family Medical Leave Act (FMLA). As a result, some...more

The truth about lie detectors in the workplace

When something goes missing from the workplace, it may be tempting to turn to every detective show’s favorite cliché, the polygraph test. But are employers allowed to utilize such an examination? Congress addressed this...more

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