The Pregnant Workers Fairness Act (PWFA), which was signed into law on December 29, 2022, and will become effective as of June 27, 2023, generally will require employers to accommodate pregnant applicants and employees...more
On October 11, 2022, the U.S. Department of Labor (DOL) issued a new proposed rule that is more aligned with judicial precedent than a previous proposal regarding whether a worker is an employee or an independent contractor...more
On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a technical assistance document, the COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws, which...more
On Friday, November 12, 2021, in BST Holdings, L.L.C, et al. v. Occupational Safety and Health Administration (OSHA), Case # 21-60845, the United States Court of Appeals for the Fifth Circuit issued an order affirming its...more
Today, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) that requires employers with 100 or more employees to ensure that their employees who report to a workplace are...more
As COVID-19 vaccine mandates by employers become more common, so do requests for exemptions. Requests for religious exemptions from COVID-19 vaccine mandates have forced many employers to make difficult decisions regarding...more
On Saturday, June 12, 2021, a Texas District Court ordered dismissal of a lawsuit brought by over 100 employees of the Houston Methodist Hospital who claimed they were subjected unlawfully to a COVID-19 vaccination policy as...more
Faegre Drinker previously reported on one of the first lawsuits challenging a COVID-19 vaccine mandate. As employers continue to evaluate employee vaccination, another lawsuit has been filed in the Central District of...more
As COVID-19 vaccines become more widely accessible, and certain localities relax COVID-19 restrictions, employers hoping to ramp up on-site operations or reduce absenteeism face a new challenge: navigating employee...more
3/9/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
With the COVID-19 emergency impacting employers’ operations and the way employees work, more and more employees may start taking to social media to vent their opinions about work and current events (sometimes intertwining the...more
As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business...more
6/4/2020
/ Collective Bargaining Agreements (CBA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
NLRA ,
NLRB ,
Personal Protective Equipment ,
Policies and Procedures ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Workplace Safety
As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business...more
New guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC) in the United States has advised that employers may measure employees’ body temperature given that the Centers for Disease Control and Prevention...more
As employers respond to the daily influx of information about COVID-19, Faegre Drinker continues to update its Employer’s Action Guide and monitor dynamic federal and state developments. Some governmental agencies have...more
3/16/2020
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases
As the coronavirus continues to spread, employers should continually evaluate whether their prevention and response efforts are sufficient and appropriately tailored based on the latest information on the virus and their own...more
Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform...more
3/6/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Leave of Absence ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform...more
3/5/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Workplace Safety
Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform...more
On March 21, 2018, Senate Enrolled Act 52 was signed into law (Public Law 153), legalizing the sale and use of cannabis-derived CBD oil (with a THC level of 0.3 percent or lower) throughout Indiana. The Act’s passage raises...more
On April 12, 2018, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division issued opinion letter FLSA2018-19 addressing whether a non-exempt employee’s 15-minute rest breaks taken every hour for the employee’s own...more
A Wisconsin tech company made news in August 2017 for implanting microchips into the hands of willing employees. While it’s certainly worth keeping an eye on this technology and its uses, early adopter employers face many...more
On June 7, 2017, the U.S. Department of Labor (DOL) announced the withdrawal of two Obama-era Administrator’s Interpretations regarding employee/independent contractor classification and joint employment. In 2015, the DOL...more
Retaliation is the claim alleged most frequently in charges filed with the U.S. Equal Employment Opportunity Commission (EEOC). Nearly 45 percent of agency charges include a retaliation claim. On August 29, 2016, the EEOC...more