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Increased Salary Thresholds for Exempt Employees Under the Fair Labor Standards Act Now Effective

As we previously reported, the Department of Labor (“DOL”) issued a Final Rule adjusting the minimum annual salary that an employee must be paid to qualify for the executive, administrative, and professional (“EAP”)...more

Supreme Court Lowers Plaintiffs’ Burden for Title VII Discriminatory Transfer Claims

On April 17, 2024, the U.S. Supreme Court unanimously lowered the burden applicable to discriminatory transfer claims brought under Title VII. According to the Court, a showing of some harm—rather than significant or some...more

The Cost of Exemption: Dep’t of Labor Final Rule Jettisons Salary Thresholds for Exemption Under the Fair Labor Standards Act

On April 23, 2024, the Department of Labor (“DOL”) issued its widely anticipated Final Rule adjusting the minimum annual salary that an employee must be paid as of July 1, 2024, in order to qualify under some of the FLSA’s...more

SEC Adopts Pay Versus Performance Rule on Executive Compensation

In the years following the banking and financial crisis of 2008, there was a particular focus by the media and lawmakers on CEOs and other executives collecting hundreds of millions of dollars in compensation. In response,...more

EEOC: Workplace Covid Testing Now Must be “Business Necessity”

With the COVID-19 pandemic, employers generally had broad discretion to require employees to take COVID-19 tests before entering the workplace. However, the Equal Employment Opportunity Commission (“EEOC”) has recently...more

Supreme Court Provides Roadmap for Avoiding Large PAGA Actions

On June 15, 2022, in Viking River Cruises vs. Moriana, the U.S. Supreme Court ruled 8-1 (with Justice Thomas the lone dissenter) that employers can compel arbitration of an employee's individual claims regarding labor code...more

Congress Passes Legislation Curtailing Arbitration of #MeToo Lawsuits

On February 10, 2022, the U.S. Senate passed, with wide bipartisan support, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (HR 4445).” This landmark legislation amends the Federal...more

Update: Supreme Court to Hear Argument on OSHA and CMS Rules January 7

The Supreme Court has announced that, on January 7, 2022, it will hear oral argument on challenges to two of the Biden administration’s significant rules regarding COVID-19 vaccination and testing in the workplace: OSHA’s...more

Stay of OSHA ETS Vaccine-or-Test Mandate Lifted; OSHA Revises Deadlines

On December 17, 2021, the Sixth Circuit Court of Appeals lifted a nationwide stay of OSHA’s Emergency Temporary Standard (ETS) which requires employers with 100 or more employees to mandate vaccination or regular testing of...more

Fifth Circuit Court of Appeals Temporarily Stays OSHA’s Vaccine Rule

On November 6, 2021, the Fifth Circuit Court of Appeals granted an emergency motion to stay OSHA’s Emergency Temporary Standard (the “ETS”) regarding vaccines and testing for employers with at least 100 employees (see our...more

OSHA’s Emergency Temporary Standard is here: Private Employers with at least 100 employees now subject to vaccine or testing...

As President Biden previewed in a September speech, many employers with 100 or more employees will be required to mandate COVID-19 vaccines or regular testing and masking for employees. Key details of the Emergency Temporary...more

Biden Administration Announces COVID-19 Vaccine Requirement for Federal Contractors

On September 9, 2021, President Biden signed executive orders that will require that all federal executive branch workers to be vaccinated for COVID-19 (the “Federal Employee Order”) and that this standard be extended to...more

OSHA to Develop Rule Requiring All Employers with 100+ Employees to Implement Vaccine Mandate

On September 9, 2021, President Biden announced his administration’s “action plan” for finding a “path out of the pandemic.” President Biden has directed OSHA to develop a rule that will require all employers with 100 or more...more

New CDC Mask Guidance - What Does it Mean for Employers?

On July 27, 2021, the CDC revised its advisory guidance - providing that even the fully vaccinated should wear a mask indoors in public if in an area of “substantial or high transmission.” The CDC has provided a map...more

OSHA Issues Emergency Temporary Standards for Healthcare Workers

On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”), a mandatory workplace safety rule aimed at protecting healthcare workers from COVID-19. OSHA also...more

New EEOC Guidance Addresses Covid Vaccine Incentives

With the new CDC guidelines and diminishing number of COVID cases, returning to work has taken center stage. We are still seeing few employers mandate vaccination for employees (and this trend is reported in the news)....more

The CDC Provides New Guidance for Fully Vaccinated Individuals

According to the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Association (OSHA), fully vaccinated employees no longer need to wear a mask or physically distance in any...more

Key Provisions for Employers in the American Rescue Plan Act of 2021

President Joseph R. Biden signed the American Rescue Plan Act of 2021 (“ARP”) on March 11, 2021, which provides $1.9 trillion in relief funds for individuals and businesses in response to the coronavirus pandemic. This...more

Key Provisions for Employers in the Consolidated Appropriations Act

Late on December 21, 2020, Congress passed a $900 billion pandemic relief package (referred to herein as the “Act”), which extends and modifies several provisions of the Coronavirus Aid, Relief, and Economic Security Act...more

Can Employers Mandate the COVID-19 Vaccine? (Updated to incorporate EEOC guidance)

Since this article was originally published, the EEOC issued guidance on December 16, 2020 specific to the use of the COVID-19 vaccine in the workplace. The EEOC’s guidance was consistent with our original article. However,...more

Can Employers Mandate the COVID-19 Vaccine?

When the COVID-19 vaccination becomes readily available, can private employers require employees to take the vaccine? The short answer:  Probably, provided employers are mindful that, depending on the work performed,...more

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