DOL Releases Proposed Rule on Worker Classification

On October 11, 2022, the Department of Labor (“DOL”) released a proposed rule concerning worker classification under the Fair Labor Standards Act (“FLSA”). For more than 80 years, both the DOL and courts applied a totality-of-the-circumstances “economic reality test” to determine whet
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Supreme Court Blocks OSHA Vaccine-or-Test Mandate for Large Private Employers

Today (1/13/22), the U.S. Supreme Court blocked the Biden administration’s vaccine mandate by enjoining OSHA’s ETS, which required employers to mandate vaccines or test unvaccinated employees weekly.  The Court found that Congress had not given federal agencies like OSHA the power to
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SCOTUS Hears Arguments on OSHA’s Vaccine-or-Test ETS

On Friday, January 7, 2022 the Supreme Court held oral arguments to address  OSHA’s Emergency Temporary Standard related to COVID-19.  The two-hour long arguments were intense and revealed a sharply divided court with the conservative justices questioning OSHA’s authority, and the mor
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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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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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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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The Department of Labor announced new rules today that better define what perks and benefits may be excluded from the regular rate of pay when calculating overtime.

The Department of Labor announced new rules today that better define what perks and benefits may be excluded from the regular rate of pay when calculating overtime. The DOL summarized what may be excluded from the regular rate as follows: the cost of providing certain parking benefits
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Arizona House Bill Proposes to Void Confidentiality Agreements in Cases of Alleged Sexual Harassment or Assault

The Arizona House of Representatives will soon be considering legislation that makes confidentiality agreements in cases of alleged sexual assault or sexual harassment “void and unenforceable."  This bill, House Bill (“HB”) 2020, was filed in the Arizona House of Representatives last
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Upcoming Changes to Occupational Safety and Health Regulations

On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published new final rules impacting employers. These rules affect the reporting of workplace injuries, and may also require employers to reevaluate various policies. The most significant changes are summarized
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Local Ban the Box Legislation – The Next Big Push to Limit Background Checks

In April 2012 the EEOC issued guidance on the use of an applicant’s criminal history in making hiring decisions. This guidance has been followed by a rush of “Ban the Box” or “Fair Chance” legislation across the nation. These state and municipal laws prohibit employers from inquiring
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