A federal district court in Texas on May 15, 2025, vacated the gender identity parts of the 2024 Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on Harassment in the Workplace (the EEOC Guidance). The...more
5/30/2025
/ Constitutional Challenges ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Labor Laws ,
Gender Identity ,
Harassment ,
Sex Discrimination ,
State Labor Laws ,
Statutory Interpretation ,
Texas ,
Title VII
President Donald Trump issued the “Restoring Equality of Opportunity and Meritocracy” executive order (EO) on April 23, 2025. The stated purpose of the EO is “to eliminate the use of disparate-impact liability in all contexts...more
On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck...more
Beginning April 9, 2025, Ohio employers must produce detailed and accurate pay stubs under the new Pay Stub Protection Act (PSPA).
Employers must provide employees with a statement, or access to a statement, of the...more
2/10/2025
/ Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
New Legislation ,
Pay Transparency ,
Paycheck Transparency ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
In November 2023, Ohio passed a recreational marijuana law. Sales of recreational marijuana began on August 6 in the Buckeye State, and employers can expect an uptick in employee use. Employers’ rights with respect to...more
The U.S. Supreme Court has held that a federal regulation can be challenged on its face long after the rule is issued by an agency. Corner Post, Inc. v. Bd. of Governors of the Federal Reserve System, No. 22-1008 (July 1,...more
The U.S. Supreme Court has overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. Loper Bright Enters. v. Raimondo, No. 22-451, and Relentless, Inc. v....more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Corporate Counsel ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Magnuson-Stevens Act (MSA) ,
National Marine Fisheries Service ,
NLRB ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation ,
Vessels
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance,...more
Starting March 1, 2024, the City of Columbus ordinance banning inquiries into an applicant’s salary history goes into effect. This ordinance applies to all employers with 15 or more employees within Columbus. Employers that...more
Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034...more
In a year in which we saw a record number of religious accommodation charges and lawsuits, the Supreme Court has “clarified” the religious accommodation standard that employers and the EEOC have relied upon for more than 46...more
Soap Operas are known for drama. Nothing has caused more drama in the last two years than vaccine mandates. Last week, a California court determined that a plaintiff’s request for religious accommodation at General Hospital...more
The Biden-Harris Administration announced on May 1, 2023, that the Centers for Medicare and Medicaid Services (CMS) would soon be eliminating COVID-19 vaccination requirements for healthcare providers. On May 31, 2023, CMS...more
The U.S. Department of Labor Wage and Hour Division (WHD) published Field Assistance Bulletin No. 2023-02 providing guidance to agency officials responsible for enforcement of the “pump at work” provisions of the Fair Labor...more
As anticipated, President Joe Biden has rescinded the COVID-19 safety requirements for federal contractors in connection with the declared end of the COVID-19 public health emergency and the World Health Organization...more
On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more
The U.S. COVID-19 Public Health Emergency will end on May 11, 2023, one week after the World Health Organization determined that COVID-19 is no longer a Public Health Emergency of International Concern....more
The Biden-Harris Administration has announced that, at the end of the day on May 11, 2023, it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air travelers. The...more
The City of Columbus joins Toledo and Cincinnati as the latest Ohio city to prohibit employers from asking prospective employees about past compensation.
Effective March 1, 2024, employers operating in Columbus may not ask...more
The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears...more
On Friday, January 13, 2022, a New York State Supreme Court Judge for Onondaga County struck down the New York State Department of Health regulation mandating certain healthcare professionals be “fully vaccinated” against...more
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys look at the current state of COVID-19-related litigation at this late stage of the global pandemic.
...more
10/21/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Premium Pay ,
Private Attorneys General Act (PAGA) ,
Religious Discrimination ,
Remote Working ,
Vaccinations ,
Wage and Hour ,
WARN Act
In a statement on its website, the Safer Federal Workforce Task Force has indicated that, until further notice, the government will not enforce any part (not just the COVID-19 vaccine mandate portion) of Executive Order 14042...more
The U.S. Court of Appeals for the Eleventh Circuit has issued its Order overturning the nationwide injunction issued by the U.S. District Court for the Southern District of Georgia in Georgia v. Biden against the federal...more
In an effort to streamline its guidance and reflect the current state of the COVID-19 pandemic, the Centers for Disease Control and Prevention (CDC) has issued updated guidance that focuses on individual responsibility and is...more