On April 17, 2024, the U.S. Supreme Court unanimously held that allegedly discriminatory job transfers are actionable under Title VII of the Civil Rights Act of 1964, as amended, so long as the transfer caused “some harm” to...more
4/22/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
New regulations to the Pregnant Workers Fairness Act (PWFA), which was enacted in 2023, will soon take effect. Yesterday, April 15, 2024, the EEOC unveiled its final rule, which will take effect 60 days after its anticipated...more
On January 10, the U.S. Department of Labor (DOL) issued its final rule on the definition of “independent contractors” under the Fair Labor Standards Act (FLSA). This rule rescinds the 2021 rule and claims to be more...more
The Equal Employment Opportunity Commission (EEOC) has released proposed regulations to implement the Pregnant Workers Fairness Act (PWFA)—first signed into law December 23, 2022—and will begin accepting comments on the...more
On May 17, 2023, the Department of Labor (DOL) issued enforcement guidance on the “pump at work provisions” of the Fair Labor Standards Act (FLSA), as amended by the passage of the PUMP Act last December 2022....more
On December 23, 2022, President Biden signed into law two measures that expand the rights of pregnant and breastfeeding workers: the Pregnant Workers Fairness Act and the Providing Urgent Maternal Protections for Nursing...more
While the term “caregiver” is not identified as a protected class under federal equal employment opportunity (EEO) laws, workplace decisions that adversely impact job applicants and employees who are also caregivers can still...more
Throughout the COVID pandemic, healthcare employers have navigated the challenge of balancing safety concerns with employee requests for religious exemption from the vaccine. Since lifting the stay of the CMS rule requiring...more
3/14/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
Healthcare Facilities ,
Healthcare Workers ,
Religious Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations
On February 10, 2022, the U.S. Senate passed by voice vote H.R. 4445, entitled Ending Forced Arbitration of Sexual Assault (HR 4445), a bipartisan bill that invalidates pre-dispute arbitration agreements and pre-dispute...more
For many healthcare employers, phase one and phase two COVID-19 vaccine deadlines are either here or quickly approaching. The Centers for Medicare and Medicaid (CMS), in an exercise of enforcement discretion, has begun...more
On November 29, 2021, the U.S. District Court for the Eastern District of Missouri (Missouri court) issued a preliminary injunction enjoining the Centers for Medicare and Medicaid Services (CMS) from implementing and...more
On Monday, November 22, the Kansas legislature met for a special session in direct response to federal action mandating COVID-19 vaccination for certain employees. The Governor signed HB2001 on November 23...more
Effective on August 28, 2021, under Missouri’s Victims Economic Safety and Security Act (VESSA), Missouri public entities and agencies and employers with at least 20 employees are required to provide up to two weeks of...more
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) released new recommendations applicable to non-healthcare settings for fully vaccinated individuals as well as a report regarding masks and other COVID-19...more
On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled...more
On June 9, 2021, the Occupational Safety and Health Administration (OSHA) released its long anticipated interim final rule and request for comments for the Occupational Exposure to COVID-19; Emergency Temporary Standard...more
6/11/2021
/ Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Register ,
General Duty Clause ,
Healthcare Workers ,
OMB ,
OSHA ,
Personal Protective Equipment ,
Recordkeeping Requirements ,
Risk Management ,
Ventilation Systems
As previously discussed, the American Rescue Plan Act was passed and signed into law by President Biden on March 11, 2021. The Act extends and expands payroll tax credits until September 30, 2021, for employers who...more
4/9/2021
/ American Rescue Plan Act of 2021 ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Sick Leave Laws ,
Families First Coronavirus Response Act (FFCRA) ,
Full-Time Employees ,
Joe Biden ,
Opt-In ,
Paid Leave ,
Paid Sick Leave ,
Tax Credits ,
Vaccinations
As previously discussed, the American Rescue Plan Act was passed and signed into law by President Biden on March 11, 2021. The Act extends and expands payroll tax credits until September 30, 2021, for employers who...more
3/24/2021
/ American Rescue Plan Act of 2021 ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Families First Coronavirus Response Act (FFCRA) ,
Full-Time Employees ,
Opt-In ,
Paid Leave ,
Payroll Taxes ,
Sick Leave ,
Tax Credits ,
Wage and Hour
Earlier today, a divided Congress approved the American Rescue Plan Act. The Act was the result of President Biden’s sweeping $1.9 trillion COVID-19 stimulus plan. President Biden is expected to sign the Act into law as early...more
3/11/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
New Legislation ,
Paid Leave ,
Public Health ,
Recordkeeping Requirements ,
Self Employed ,
Sick Leave ,
Tax Credits
On January 14, 2021, the Missouri Department of Health and Senior Services (DHSS) established vaccine priorities for many of the industries within Missouri’s workforce. Until now, employers could not appeal their vaccine...more
On January 20, 2020, the first case of COVID-19 in the United States was confirmed in Washington state. By March, many employers began sending their workers home on what was expected to be a temporary basis. Almost one year...more
2/15/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
OSHA ,
Privacy Laws ,
Remote Working ,
State and Local Government ,
State Labor Laws ,
State Taxes ,
Wage and Hour
As we discussed previously after the Families First Coronavirus Response Act (FFCRA) expired on December 31, 2020, President Trump signed the 2021 Consolidated Appropriations Act (CAA) which allowed employers to decide if...more
Employers are important stakeholders in adopting policies and strategies to help curb the spread of Coronavirus (COVID-19), which has been increasing worldwide and in the United States. On March 11, 2020, the World Health...more
Employers are important stakeholders in adopting policies and strategies to help curb the spread of Coronavirus (COVID-19), which has been increasing worldwide and in the United States. On March 11, 2020, the World Health...more