On August 30, 2024, the Occupational Safety and Health Administration published a proposed rule to protect millions of workers from a leading cause of weather-related deaths in the United States: heat. You know, that weather...more
The National Labor Relations Board (NLRB) has long allowed employers and unions to resolve cases arising from unfair labor practice charges without a full adjudication on the merits. The most common way in which this is...more
A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes, that is...more
In 2016, the U.S. Department of Labor sought to implement regulations to increase the salary threshold for the “white collar” exemptions from $455 to $913 per week. The regulations also called for the threshold to be updated...more
For decades, American employers have relied on judicial precedent and the Federal Arbitration Act to enforce pre-dispute arbitration agreements. A “pre-dispute arbitration agreement” is a mandatory arbitration agreement...more
On March 21, 2021, the Occupational Safety and Health Administration published a National Emphasis Program (NEP) to focus its enforcement efforts on preventing employees from contracting COVID-19 and protecting employees who...more
It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more
8/21/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Disability Discrimination ,
Drug Testing ,
Drug Treatment ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Medication-Assisted Treatment (MAT) ,
New Guidance ,
Opioid ,
Prescription Drugs ,
Reasonable Accommodation ,
Substance Abuse
Title VII prohibits an employer from discriminating against an employee or applicant “because of . . . sex.” There has been a decades-long debate in courtrooms and corporate offices across the country as to whether this...more
6/16/2020
/ 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
Unless you are completely disconnected from television or the internet, you cannot go an hour without hearing or reading a news story about COVID-19, commonly referred to as the Coronavirus. Much of the coverage centers on...more
One of the Equal Employment Opportunity Commission’s top priorities has been to stop employers from instituting blanket bans on hiring individuals with criminal records. The EEOC’s focus stems from national data suggesting...more
12/16/2019
/ Appeals ,
Attorney General ,
Background Checks ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Injunctions ,
Job Applicants ,
New Guidance ,
Regulatory Authority ,
Substantive Rule ,
Title VII
In March, Gov. Kevin Stitt signed into law the Unity Bill. It goes into effect in August and will permit employers to discipline employees in safety-sensitive positions, or refuse to hire applicants for such positions, if...more
Many employers require their employees to bear certain employment-related costs. For instance, an employer might require its employees to purchase work uniforms, safety glasses or other items for use in the workplace....more
Thursday, March 7, 2019, the U.S. Department of Labor’s (DOL) Wage & Hour Division announced a Notice of Proposed Rulemaking (NPRM) to increase the salary threshold employees must meet in order to be exempt from the Fair...more