On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled its final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA), clarifying employers’ responsibilities under...more
On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more
The U.S. Securities and Exchange Commission (SEC) and other financial regulators are targeting regulated entities over their employees’ use of personal messaging apps and other off-channel electronic communication platforms,...more
A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of...more
With tax day quickly approaching on April 15, 2024, employers in Pennsylvania may want to take note of a December 2023 state tax law that might have flown under the radar. The law made employee contributions to...more
4/8/2024
/ Department of Revenue ,
Dependent Care ,
Dependent Care Assistance Program (DCAP) ,
Employee Contributions ,
Flexible Spending Accounts ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Retroactive Application ,
Tax Deductions ,
W-2
On March 22, 2024, Florida Governor Ron DeSantis signed a bill into law that amends the state’s Child Labor Law to allow minors sixteen and seventeen years of age to work more hours....more
On March 28, 2024, the White House unveiled revisions to the federal statistical standards for race and ethnicity data collection for federal agencies, adding a new category and requiring a combined race and ethnicity...more
4/1/2024
/ Biden Administration ,
Comment Period ,
Compliance ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Ethnicity ,
Native American Issues ,
OFCCP ,
OMB ,
Public Agencies ,
Public Employees ,
Reporting Requirements ,
Students for Fair Admissions v Harvard College ,
Tribal Employees
With California’s new $20-per-hour minimum wage for fast food workers set to take effect on April 1, 2024, the California Department of Industrial Relations (DIR) has updated its guidance regarding the new minimum wage law’s...more
3/29/2024
/ Airports ,
Covered Employees ,
Covered Employer ,
Entertainment Venues ,
Exempt-Employees ,
Exemptions ,
Fast-Food Industry ,
Food Service Workers ,
Governor Newsom ,
Minimum Wage ,
State Labor Laws ,
Wage and Hour
Employers are facing new potential legal risks under the federal Genetic Information Nondiscrimination Act of 2008 (GINA) and the Illinois Genetic Information Privacy Act (GIPA) over inquiries in routine employment physicals...more
On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more
Millions of college sports fans and alumni each year tune in to watch the National Collegiate Athletic Association (NCAA) men’s and women’s college basketball tournaments, referred to as “March Madness.”...more
New York City lawmakers are considering a measure that would make the city the latest jurisdiction to ban noncompete agreements between employers and their employees, after Governor Kathy Hochul in December 2023 vetoed a...more
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more
3/15/2024
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employer Liability Issues ,
Free Speech ,
New Legislation ,
Racial Bias ,
Stop Woke Act ,
Students for Fair Admissions v Harvard College ,
Title VII
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be...more
On March 7, 2024, Deputy Attorney General Lisa Monaco said that the U.S. Department of Justice (DOJ) will test out a program to pay whistleblowers if they provide information on serious financial crimes and foreign and...more
3/14/2024
/ Acquisitions ,
Biden Administration ,
CFTC ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Pilot Programs ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
IRS ,
Mergers ,
Pilot Programs ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Successor Liability ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Governor Tina Kotek is expected to sign the bill into law a bill that would eliminate most qualifying reasons for an employee’s protected leave under the Oregon Family Leave Act (OFLA) that are now covered under the state’s...more
On Sunday, March 10, 2024, people in most states will turn back their clocks one hour at 2:00 a.m., marking the start of daylight saving time, which is meant to allow people to take advantage of more daylight. However, the...more
The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more
3/8/2024
/ Age Discrimination ,
Breach of Contract ,
CHRO ,
Claims Limitations Period ,
Constructive Discharge ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Resignation ,
SCOTUS ,
State Labor Laws ,
State Law Claims ,
Title VII
On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more
3/6/2024
/ Athletes ,
Basketball ,
Collective Bargaining ,
College Athletes ,
Colleges ,
Compensation ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Sports ,
Unions ,
Universities
The National Football League’s (NFL) “Rooney Rule,” which requires teams to consider minority candidates when filling certain coaching vacancies, has been considered a model for diverse slate hiring policies, but it is now in...more
3/1/2024
/ Athletes ,
Civil Rights Act ,
Coaches ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Football ,
Hiring & Firing ,
Minorities ,
NFL ,
Recruitment Policies ,
SCOTUS ,
Sports ,
Students for Fair Admissions v Harvard College ,
Title VII
On February 14, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) published a new, final version of their guidance for...more
2/26/2024
/ Biden Administration ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Final Guidance ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Security Rule ,
NIST ,
OCR ,
Popular ,
Risk Assessment ,
Risk Management
The Supreme Court of the United States declined to review a case alleging that facially race-neutral admissions criteria at a selective Virginia public high school were unlawfully intended to strike a racial balance, leaving...more
2/23/2024
/ Admissions ,
Affirmative Action ,
Constitutional Challenges ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
Legal History ,
Petition for Writ of Certiorari ,
Public Schools ,
Racial Bias ,
SCOTUS ,
Students for Fair Admissions v Harvard College
States across the United States have been taking up or passing laws to prohibit diversity, equity, and inclusion (DEI) initiatives and programming in public schools, colleges, universities, and other institutions, but a bill...more
Labor organizing activity rose over the past two years with nearly as many representation election (RC) petitions filed with the National Labor Relations Board (NLRB) from 2022 through 2023 as the previous three years, while...more
On February 8, 2024, the Supreme Court of the United States issued a decision holding that whistleblowers are not required to show “retaliatory intent” to be protected under the Sarbanes-Oxley Act of 2002, differentiating the...more