On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule effectively banning non-compete agreements in the employment context. This final rule follows a proposed rule published by the FTC on January 5,...more
On June 29, 2023, the Supreme Court of the United States handed down its unanimous decision in Groff v. DeJoy, which heightened the burden that employers bear in proving that an employee’s request for a religious...more
7/21/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII ,
Undue Hardship
On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more
1/21/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Interim Final Rules (IFR) ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Preliminary Injunctions ,
SCOTUS ,
Stays ,
Vaccinations ,
Workplace Safety
On November 30, 2021, the United States District Court for the Eastern District of Kentucky in the lawsuit, Commonwealth of Kentucky et al. v. Joseph R. Biden et al., Civil Action No. 3:21-cv-00055-GFVT, granted a preliminary...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Injunctive Relief ,
Lack of Authority ,
OSHA ,
Vaccinations ,
Workplace Safety
On November 4, 2021, Occupational Health and Safety Administration (“OSHA”) issued its highly anticipated Emergency Temporary Standard (the “ETS” or the “Mandate”) requiring U.S. employers with 100 or more employees to...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
New Rules ,
OSHA ,
Public Health Emergency ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On June 15, 2020, the U.S. Supreme Court issued a landmark 6-3 decision in Bostock v. Clayton County that settled whether Title VII’s prohibition of sex-based discrimination also prohibits discrimination based on sexual...more
6/19/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
As the coronavirus pandemic continues to spread across the United States, business owners and HR professionals not subject to a “shutdown order” should brace themselves to field the following call: “Mike from accounting just...more
Updated: March 18, 2020
Since we issued an Alert on Monday, much has already changed with respect to the U.S. House of Representatives’ new Families First Coronavirus Response Act, H.R. 6201 (the “Act”). As a recap, in the...more
Pursuant to a recent Court order overturning the Trump Administration’s efforts to overturn wage and hour reporting requirements adopted during the Obama Administration, employers who submit EEO-1 information have until...more