Introduction - On 29 April 2024, the US Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued nonbinding guidance (Guidance) on how federal contractors and subcontractors (collectively...more
On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information...more
3/28/2024
/ Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Job Ads ,
Job Applicants ,
Notice Requirements ,
NPRM ,
OFCCP ,
Pay Transparency ,
Salary/Wage History ,
Subcontractors ,
Wage and Hour
On 29 June 2023, the US Supreme Court issued its decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and reversed the longstanding rule that race can be considered as a plus factor among...more
Overview - On 26 January 2023, the Delaware Court of Chancery (the Court) issued an important decision for corporations and their officers, finding for the first time that corporate officers—not just directors—owe a fiduciary...more
Health care employment law was once again a critical focus for many legislative bodies in 2022. While much of our 2021 Year in Review focused on how states addressed the COVID-19 pandemic itself, most notably with respect to...more
2/21/2023
/ Coronavirus/COVID-19 ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Nurse Practitioners ,
Pay Data ,
Physicians ,
Popular ,
Reasonable Accommodation ,
Religious Accommodation ,
Staffing Agencies ,
Telehealth ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
The Department of Labor (DOL) recently announced that the Occupational Safety and Health Administration (OSHA) has issued new enforcement guidance expanding its authority to issue instance-by-instance (IBI) citations for...more
Effective 18 August 2022, the Office of Federal Contract Compliance (OFCCP) revised Directive 2022-01 on “Advancing Pay Equity Through Compensation Analysis” (the Revised Directive) to provide further explanation of how OFCCP...more
This Alert addresses the following: The Office of Federal Contract Compliance (OFCCP) has issued its first Directive of the Biden Administration, the Pay Equity Audit Directive (DIR 2022-01) (Directive)....more
Congress has passed a transformative bill inspired by the #MeToo movement that would allow employees to avoid enforcement of pre-dispute arbitration agreements in workplace sexual assault or harassment claims. The bill, which...more
Health care-related employment laws became a prevalent topic in 2021—the year of the COVID-19 vaccination mandates. States and the federal government continued to adopt differing approaches on mandates affecting different...more
Employers across the nation, especially those in the healthcare industry, continue to grapple with ever-changing and complex state and federal legislation regarding COVID-19 vaccinations. On 19 October 2021, the U.S. Court of...more
Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly...more
On 21 January 2021, President Biden issued an executive order directing the Occupational Safety and Health Administration (OSHA) Assistant Secretary of Labor for Occupational Safety and Health to issue new guidance for...more
The impact of COVID-19 on the health care industry can hardly be overstated. Numerous important employment law developments occurred in 2020 related to COVID-19 that impacted the industry, including guidance on mandatory...more
2/16/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
Liability ,
Public Health ,
Racial Bias ,
Reasonable Accommodation ,
Telemedicine ,
Title VII ,
Vaccinations ,
Wage-Fixing ,
Whistleblower Protection Policies ,
Whistleblowers ,
Workplace Safety
A number of businesses that historically operated in a traditional office environment have been forced into temporary work-from-home arrangements due to the COVID-19 pandemic. These businesses are now considering...more
In this week’s episode, Leann Walsh identifies key takeaways for hospitals and other health care employers from a guidance document recently published by the Centers for Disease Control (CDC) entitled “Ten Ways Healthcare...more
5/28/2020
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Health and Safety ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Personal Protective Equipment ,
Physicians ,
Workplace Safety
As states start to lift or relax restrictive measures implemented at the outset of the COVID-19 pandemic, many businesses are preparing to reopen in some capacity. As highlighted in K&L Gates’ recently published Reopening...more
The U.S. Department of Labor released three opinion letters in 2019 regarding the Family and Medical Leave Act of 1993 (FMLA). In this episode, Leann Walsh, Melanie Stratton Lopez, and Avery Miller summarize the opinion...more
With the recent launch of Time's Up Health Care and the publication of the National Academies of Sciences, Engineering and Medicine’s Sexual Harassment of Women: Climate, Culture and Consequences in Academic Sciences,...more
2018 brought developments in employment law issues that have particular relevance to the health care industry. These include continuing developments regarding employee resistance to vaccination mandates, increased...more
2/5/2019
/ Anti-Harassment Policies ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Health Care Providers ,
NLRB ,
OSHA ,
Sexual Harassment ,
Vaccinations ,
Wage and Hour ,
Workplace Violence
Introduction - The Equal Employment Opportunity Commission (“EEOC”) has released its Preliminary Fiscal Year 2018 Sexual Harassment Data (“Preliminary Data”), showing a significant increase in workplace harassment lawsuits....more
In light of the recent #MeToo movement and ongoing public discourse regarding workplace culture, employers in the health care industry are increasingly seeking creative ways to improve their own workplace culture, such as...more
In this episode, Leann Walsh provides an overview of the U.S. Department of Labor's (DOL) new Payroll Audit Independent Determination Program (PAID). PAID is a six-month nationwide pilot program of the Wage and Hour Division...more
5/16/2018
/ Back Wages ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Pilot Programs ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Unpaid Wages ,
Voluntary Self-Audit ,
Wage and Hour