Since 1978, Title VII of the Civil Rights Act, as amended by the Pregnancy Discrimination Act, has prohibited discrimination on the basis of pregnancy, childbirth and related medical conditions. However, for 45 years, the...more
8/14/2023
/ Breastfeeding ,
Civil Rights Act ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII
Payroll garnishments — “continuing earnings garnishments” — are court-ordered procedures that require an employer to withhold certain amounts from an employee’s paycheck and send those amounts directly to a third-person...more
As part of the comprehensive Consolidated Appropriations Act of 2023, President Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The PWFA, which applies to employers with 15 or more employees, aims to...more
The COVID-19 pandemic placed a spotlight on the demands of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic...more
In a February 11th article titled Congress passes legislation to end forced arbitration of sexual assault and harassment claims, we alerted employers to new legislation passed by Congress that was aimed at ending forced...more
On February 10, 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. This legislation specifically provides individuals the choice of whether to arbitrate or take to court disputes...more
Beginning February 9, 2022, large employers will have to implement the COVID-19 testing requirements of the OSHA ETS. If employers implement a vax-or-test policy, they must comply with the weekly testing requirements and...more
Challenges to the federal government’s “vax-or-test” mandate for private employers with 100 or more employees started almost as soon as the Occupational Health & Safety Administration released its emergency temporary standard...more
On Tuesday, the Equal Employment Opportunity Commission released guidance officially confirming that the Americans with Disabilities Act’s three-part definition of disability applies to COVID-19 in the same way that it...more
To date, legal challenges to three federal vaccine mandates are pending in courts across the country. The following is an update regarding the status of those lawsuits and what types of employers are impacted by that...more
The Occupational Safety and Health Administration’s COVID-19 Emergency Temporary Standards (ETS) became effective on June 21, 2021. Compliance with most of the provisions was required by July 6, 2021. The last of those...more
The effect of furloughs on FFCRA leave -
Due to the financial impact of the COVID-19 pandemic, many employers have had to make the difficult decision to furlough members of their workforce. A furlough is not a layoff or...more
8/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
New Guidance ,
Paid Time Off (PTO) ,
Pay Reductions ,
Relief Measures ,
Remote Working ,
Telemedicine ,
Wage and Hour
On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims.
The...more
7/24/2020
/ ADEA ,
Adverse Employment Action ,
Age Discrimination ,
Civil Rights Act ,
Disparate Impact ,
Disparate Treatment ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Sex Discrimination ,
Title VII
On May 5, 2020, the EEOC provided additional guidance to employers on employee accommodation issues that may arise in the context of return to work.
The updated guidance focuses on employees who may have an underlying...more
On April 23, 2020, the Equal Employment Opportunity Commission officially stated that employers may administer a COVID-19 test – the test used to detect the presence of the COVID-19 virus – to employees to determine if they...more
In the spring of 2018, the U.S. Equal Employment Opportunity Commission received its first budget increase in over eight years, with Congress approving approximately $16 million for the agency to focus on sexual harassment...more
In a workplace era that may soon be referred to as “Pre-Weinstein,” employers not only could quietly settle sexual harassment claims by including a nondisclosure agreement that virtually assured the matter would be kept...more
Many states already have laws aimed at closing the wage gap. Whether they are couched as pay disparity, pay equity, equal pay, or pay transparency laws, the goal is the same – equal pay to women for equal work.
Some states...more
11/14/2017
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Pay ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour