Free labor could cost you: an overview of internship wage compliance

As summer approaches, many employers are looking to hire student interns. The benefits of summer internships are mutual: Companies create an accessible group of potential future hires, while interns obtain real- world workplace experience and training, as well as valuable networking o
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COVID-19 as a Disability Under the ADA

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) released guidance that workers with disabilities stemming from COVID-19 are protected from discrimination under the Americans with Disabilities Act (ADA) and may be eligible for reasonable accommodations.  T
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President Biden’s Executive Order Encourages the FTC to Limit Non-Competes

On July 9, 2021, President Biden signed an executive order targeting barriers to competition in the American economy. Believing that non-compete clauses restrict employees’ ability to change jobs and negotiate higher wages, President Biden’s executive order encourages the Federal Trad
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OSHA’s New COVID-19 Healthcare Emergency Temporary Standard

The Department of Labor has finally released its Emergency Temporary Standard (“ETS”) for workers in healthcare settings. Managed by the Occupational Safety and Health Administration (“OSHA”), the ETS goes into effect upon publication to the Federal Register, and will remain in effect
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The Safety Sensitive Exception Under Fire – Tentative Decision Challenges Well-Settled Landscape of Arizona’s Medical Marijuana Act

United States District Judge Dominic Lanza issued a tentative ruling in Lee v. Albertsons LLC, 2:19-CV-04493-DWL (D. Ariz.) which challenges the “safety sensitive” exception to Arizona’s Medical Marijuana Act (“AMMA”).  Lee’s case arose after Albertsons terminated Lee’s employment bec
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Recreational Marijuana – Recommendations for Arizona Employers

It is now legal for marijuana dispensaries in Arizona to sell recreational marijuana to individuals 21 years old and older, so many employers are wondering how this will impact the workplace. However, it is important to note that under Arizona’s recreational marijuana law, called the
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Newly Revised Optional-Use FMLA Forms and Request for Public Feedback

Today, the Wage and Hour Division of the U.S. Department of Labor (“WHD”) unveiled newly revised forms for employers and employees to use in connection with the administration and use of leave under the federal Family and Medical Leave Act (“FMLA”). The newly revised forms consist of:
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U.S. Supreme Court Protections for Homosexual and Transgender Employees Under Title VII of the Civil Rights Act of 1964

In a landmark decision yesterday, the U.S. Supreme Court solidified protections for homosexual and transgender employees under Title VII of the Civil Rights Act of 1964. The High Court held that an employer violates Title VII, which makes it unlawful to discriminate against an individ
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SCOTUS Imposes Steeper “But For” Standard on § 1981 Claimants

In a recent decision (Comcast Corp. v. Nat'l Ass'n of African Am.-Owned Media, No. 18-1171, 2020 WL 1325816, at *1 (U.S. Mar. 23, 2020)), the Supreme Court held that an employee who allege claims race discrimination under 42 U.S.C. § 1981 have the burden of proving their race was the
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New York Law Requires Change in Employee Handbooks

The New York legislature recently enacted Section 203-e of New York’s Labor Law.  Under the new law, and consistent with New York City law, employers in New York State are now prohibited from discriminating against an employee on the basis of the employee’s reproductive health decisio
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