In a landmark ruling significantly changing how workplace discrimination claims are litigated, the U.S. Supreme Court has removed a major barrier for plaintiffs alleging “reverse discrimination” claims under Title VII. In Ames v. Ohio Department of Youth Services, the Court unanimously rejected the “background circumstances” test, a judicial standard requiring white, male, heterosexual, or otherwise … Continue Reading
The 2024 EEO-1 data collection period is officially open, and the clock is ticking! If you’re an employer who’s required to file, mark your calendars — the filing deadline is June 24, 2025. But here’s the catch: the reporting window is shorter than usual, and the EEOC has made it clear there will be no … Continue Reading
As we have previously reported, an early focus of the second Trump administration has been to oppose and dismantle Diversity, Equity, and Inclusion (DEI) initiatives, both in the federal government and in the private sector, with the stated goal to return to what it calls a “merit-based” employment landscape, in which diversity initiatives play no … Continue Reading
The Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act takes effect July 1, 2025, expanding employers’ rights in enforcing non-compete and garden leave agreements with Florida-based workers. The Act is intended to “encourage optimal levels of information sharing and training and development” by companies with their workers, while further protecting employers’ confidential information … Continue Reading
On May 1, 2025, the United States Department of Labor (DOL) Wage and Hour Division (WHD) issued a Field Assistance Bulletin, announcing that it will no longer enforce a 2024 Biden-era independent contractor rule under the Fair Labor Standards Act (FLSA). Going forward, the DOL will apply the framework set forth in a 2008 DOL Fact … Continue Reading
The employment law landscape has seen widespread changes on the federal and state levels in recent years. In light of what is poised to be years of even more changes, now is an opportune time to re-examine the basics of a compliant workplace. This post will keep companies ready for whatever comes next by providing … Continue Reading
In today’s fast-evolving digital landscape, generative artificial intelligence (AI) has become a powerful tool that employees increasingly rely on for a variety of tasks. From drafting emails and producing reports to generating creative content and analyzing data, these technologies are reshaping how work gets done. As organizations integrate AI into their daily operations, employers face … Continue Reading
Multistate employers are likely already aware of challenges in tracking and complying with various state and local laws governing pay transparency in the recruitment and hiring process. Now, even as Diversity, Equity, and Inclusion (DEI) initiatives may be under the microscope at the federal level, more states are coming on line with pay transparency laws … Continue Reading
The first weeks of the second Trump administration have been marked by a flurry of executive orders, several of which are targeted toward fulfilling President Donald Trump’s campaign pledge to eliminate Diversity, Equity, and Inclusion (DEI) initiatives across the federal government, educational institutions, and within the private sector. Though the primary impact of these orders … Continue Reading
New York is the first state in the U.S. to pass a law entitling workers to paid prenatal leave. The law, which took effect on January 1, 2025, requires private sector employers, regardless of size, to provide their New York-based employees with 20 hours of paid leave for prenatal healthcare services during their pregnancy, or … Continue Reading
As part of a program dating back to 1938, the little-spoken-about Section 14(c) of the Fair Labor Standards Act (FLSA) includes a provision that allows employers to obtain certificates from the U.S. Department of Labor (DOL) authorizing them to pay subminimum wage to workers with disabilities that impair the worker’s productivity for the work being … Continue Reading
With the upcoming change in administration, we expected that the U.S. Department of Labor’s (DOL) 2024 Overtime Rule ultimately would be cast aside, but the timing of the January 1, 2025 salary level increase before Inauguration Day was slated to be a potential headache for employers. A federal court in Texas has just invalidated the … Continue Reading
In recent years, there has been a growing shift in mindset for pet owners that consider animals to be essential to their well-being and integral to their home life. In fact, one ASPCA survey reported that, in the early stages of lockdowns and quarantines during the COVID-19 crisis, nearly 1 in 5 households acquired a … Continue Reading
Employers with tipped employees are constantly trying to keep up with the ever-changing and evolving tip credit rules promulgated by the United States Department of Labor (DOL) — specifically, what is known as the 80/20 rule. However, a recent federal appeals court has given the 80/20 rule the pink slip, and it may not be … Continue Reading
The Pregnant Workers Fairness Act (PWFA) is growing up very quickly, and the EEOC has been working fervently, through a combination of guidance and enforcement measures, to ensure it thrives. Specifically, just shy of the PWFA’s first birthday, the EEOC’s final rule and interpretive guidance has taken effect, amplifying employer obligations regarding pregnancy-related accommodations in … Continue Reading
Should an employee’s burden to plead and prove workplace discrimination differ depending upon whether they are considered in a “majority” or “minority” group? The U.S. Supreme Court is now set to decide whether an arguably “heightened” standard of proof should apply in such “reverse discrimination” cases. If the Supreme Court strikes down what has come … Continue Reading
Companies are increasingly turning to artificial intelligence (AI) to assist with employment related tasks, such as recruiting and hiring. AI tools are useful to increase efficiency, streamline the recruiting process, and eliminate human bias. However, these tools can pose a risk of inadvertent discrimination against job applicants. We recently published an Employer’s Guide to Outsmarting … Continue Reading
A Federal Court has blocked the Federal Trade Commission’s Final Rule (the “Rule”) that was set to broadly ban nearly all forms of non-compete agreements. On August 20, 2024, Judge Ada Brown of the Northern District of Texas permanently enjoined the Rule, ordering that it “shall not be enforced or otherwise take effect” on its … Continue Reading
With less than three months to go until the general election, politics seem to be a hot topic for discussion these days! However, today’s political climate is more divisive than ever, and there are many reasons why you may not want these discussions in your workplace. You also may wonder if you can prohibit your … Continue Reading
With expanding legalization and commercialization—including several state initiatives in 2024 and perhaps even federal legislation—the chances are good that your California business has at least a few employees who consume recreational cannabis in their free time. A new California law, Assembly Bill 2188, shields these employees from consequences at work for using cannabis away from … Continue Reading
In the era of Tiktok influencers and Instagram models, almost everyone has an online side hustle, and that highly qualified referral you just interviewed or bright new hire you just made might just be one of them! The same digital world that created social media celebrities has also made it easier than ever for employers … Continue Reading
This January marked the 15th anniversary of the Lilly Ledbetter Fair Pay Act of 2009, providing a good moment for the federal government to propose new rules aimed at increasing gender pay equity in federal contracting and federal government employment. The new rules announced by the White House are expected to require covered government contractors … Continue Reading
Hospitals, urgent care clinics, doctors’ offices — these are the places we go when we are sick and want to get better. Doctors, nurses, and other healthcare workers are the people who treat us, help us recover, and even save our lives in medical emergencies. Yet according to the U.S. Bureau of Labor Statistics, healthcare … Continue Reading
The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can prove that unlawful discrimination occurred. Specifically, in Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit Court of Appeals recently … Continue Reading
