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The EEOC Unveils Final Version of Enforcement Guidance on Harassment in the Workplace

On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments...more

EEOC Releases Final Rule Implementing Pregnant Workers Fairness Act

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule to implement the Pregnant Workers Fairness Act (PWFA), which was passed on June 27, 2023. The PWFA requires public and private...more

OSHA Final Rule Permits a Non-Employee to Attend an OSHA Inspection

The highly anticipated “walkaround” rule on clarifying rights to employee representation in Occupational Safety and Health Administration (OSHA) inspections has now been issued. It was published on Friday, March 29, and will...more

Navigating the West Virginia Safer Workplace Act: What To Do When an Employee Reports to Work Under the Influence

The holiday season and corresponding celebratory shenanigans will soon be upon us. This means that many employers may be facing the question, “What do we do when someone brings their party to work?” This article aims to cover...more

First EEOC Guidance on Harassment Since 1999 Is Open for Public Comment Until November 1

On September 29, the Equal Employment Opportunity Commission (EEOC) released draft enforcement guidance on workplace harassment, which was published in the Federal Register on October 2. The proposed guidance will be open for...more

There’s No Concerted Action If It’s Just One Employee or If It’s for a Non-Employee, Right? WRONG, Says the NLRB

In two opinions released on August 31, the National Labor Relations Board (NLRB) overruled two 2019 decisions to expand the scope of workers’ concerted activity protections under the National Labor Relations Act (NLRA). Those...more

Quick! No Time to Blink! NLRB Reverts to Speedy Election Rules

The National Labor Relations Board (NLRB or the Board) issued a direct final rule on August 24, that makes 10 amendments to the election process, which will take effect December 26, 2023. The rule rescinds amendments made by...more

Employers Within the Fifth Circuit Are Now Open to More Claims Under Title VII with the Abandonment of the Previous Title VII...

The Fifth Circuit no longer limits Title VII claims to “ultimate employment decisions” per the en banc decision in Hamilton v. Dallas County. In Hamilton, a group of female officers alleged that the Dallas County...more

NLRB Reverts to Tougher Contractor Standard

On June 13, 2023, the National Labor Relations Board (NLRB) reconsidered its standard when determining whether workers are covered employees under the National Labor Relations Act or, instead, are independent contractors...more

EEO-1 Filers Required to Submit 2017 and 2018 Pay Data by Sept. 30

In March of this year, a federal judge ordered the White House Office of Management and Budget to lift its stay of an Obama-era plan for businesses to turn over detailed pay and hours-worked data as part of their EEO-1...more

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