Laying off employees – also referred to as a reduction in force or a RIF – is one of the most difficult decisions an employer can make. Whether driven by economic conditions, organizational restructuring or pivots in business strategy, RIFs inherently create legal risks and significantly impact workplace morale. Although RIFs come with many challenges … Continue Reading
The U.S. Court of Appeals for the Eighth Circuit ruled on February 20, 2025, in Tennessee v. Equal Employment Opportunity Commission, that seventeen (17) State attorneys general have standing to challenge the EEOC’s Final Rule interpreting the Pregnant Workers Fairness Act (the “PWFA” or “the Act”). In the first federal appellate court decision to consider … Continue Reading
One of the hallmarks of the SECURE 2.0 Act of 2022 (SECURE Act 2.0) legislation was to increase participation in retirement plans. On January 10, 2025, the Treasury Department and the IRS came one step closer when they announced the issuance of proposed regulations requiring automatic enrollment for new Code Section 401(k) and 403(b) retirement … Continue Reading
Following President Trump’s Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 24, acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an agency Order instructing DOL employees to cease and desist “all investigative and enforcement activity” under Executive Order 11246 (Equal Employment Opportunity) as the Secretary said the DOL “no longer … Continue Reading
Illinois joins a growing list of states prohibiting employers from requiring employees to attend meetings discussing union representation issues. Here’s the scene: President Truman is seeking reelection, and Miracle on 34th Street just snagged three Academy Awards. The Minneapolis Lakers are celebrating their win in the National Basketball League championship (in the team’s inaugural season, … Continue Reading
On July 1, 2024, California Governor Gavin Newsom signed Assembly Bill 2288 and Senate Bill 92 significantly reforming California’s Private Attorney General Act (“PAGA”). Twenty years ago, PAGA was enacted as a mechanism to allow California employees to collect penalties for Labor Code violations on behalf of the state. Since then, the statute has been … Continue Reading
The U.S. Department of Labor’s Occupational Safety & Health Administration (OSHA) published its controversial final “walkaround” rule on April 1, 2024 (available here). The final rule clarifies the rights of employees to authorize a representative – employee or non-employee – to accompany an OSHA compliance officer (CSHO) during an inspection of their workplace. This can … Continue Reading
On June 29, 2023, the U.S. Supreme Court announced its unanimous opinion in Groff v. DeJoy, No. 22-174, 600 U.S. __ (2023), a long-awaited decision explaining employers’ obligations under Title VII to reasonably accommodate employees’ religious beliefs, observances and practices. Groff, the first Supreme Court decision in nearly 50 years to consider what employers must … Continue Reading
Employers take note: most of you will need to take significant action to update and/or correct your Form I-9, Employment Eligibility Verification, in the coming weeks due to sunsetting temporary COVID-19 flexibilities relating to physical inspection of employee documents. Failure to take timely action could result in significant monetary and other penalties. The Department of … Continue Reading
Just in time for the new year, California employers finally received some clarity about their obligations under California’s new pay transparency law, which goes into effect on January 1, 2023. As discussed in more detail here, SB 1162 not only expands pay data reporting requirements for California employers with 100 or more employees, but the … Continue Reading
UK employers are generally aware of the need to carry out prescribed checks to ensure their employees have the right to work, and the consequences of illegal employment (civil penalty of £20,000, risk to sponsor licence or, in extreme cases, criminal prosecution). But the way in which the Home Office says these checks must be … Continue Reading
Many businesses use artificial intelligence (“AI”), algorithms, software, and other forms of technology to make employment-related decisions. Employers now have an array of computer-based tools at their disposal to assist them in hiring employees, monitoring job performance, determining pay or promotions, and establishing the terms and conditions of employment. As such, many employers rely on … Continue Reading
The Office of Federal Contract Compliance Programs (OFCCP) will soon require federal contractors to use a Contractor Portal to register and certify that they have their required Affirmative Action Programs (AAP) in place. The portal launched February 1, 2022. Registration began on February 15 and certification began on March 31.… Continue Reading
From Labor & Employment Partner Katharine Liao and our Data Privacy & Cybersecurity colleague Kristin Bryan, below is a post from Squire Patton Boggs’ Consumer Privacy World blog covering recent legal developments involving electronic monitoring of employees in New York State. Beginning on May 7, 2022, employers in New York State who engage in electronic … Continue Reading
After at least 34 lawsuits were filed nationwide seeking to permanently stay or rule unconstitutional the Emergency Temporary Standard (ETS) announced by the U.S. Occupational Safety and Health Administration (OSHA), which would have required that employers with 100 or more employees ensure their workers are fully vaccinated or test at least weekly for COVID-19, OSHA … Continue Reading
Due to the COVID-19 pandemic, many employers have implemented teleworking and other remote work arrangements for their employees. Because these employees are not physically present in the workplace, there has been some uncertainty surrounding what obligations employers have to under the Fair Labor Standards Act (“FLSA”) to monitor and track hours worked by non-exempt, hourly … Continue Reading
The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) recently announced another extension, through July 19, 2020, of its COVID-19 temporary policy of deferring the physical presence requirements associated with Form I-9 compliance in relation to hiring and re-verifying certain remote employees. However, within days of announcing this reprieve for employers, DHS … Continue Reading
On May 19, 2020, OSHA issued two updated memorandums to regional administrators and state plan designees. The first updated the agency’s enforcement guidance for recording COVID-19 cases in the workplace. As we discussed here, OSHA originally indicated on April 10, 2020 that it would be exercising “enforcement discretion” and focusing COVID-19 recordkeeping requirements in the … Continue Reading
On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading
The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale. In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
Some questions answered, many still remain On April 1, 2020, the U.S. Department of Labor (DOL) released new regulations (29 CFR Part 826), attempting to clarify certain provisions in the Families First Coronavirus Response Act (FFCRA). As we previously reported here, under the Emergency Paid Sick Leave Act provision of the FFCRA, certain public employers and … Continue Reading
On July 1, 2019, the U.S. Department of Labor (“DOL”) Wage and Hour Division issued a trio of fact-specific opinion letters offering employers guidance on various pay practices, specifically relating to calculating overtime pay as part of nondiscretionary bonuses, exemptions for paralegals, and rounding practices for calculating hours worked.… Continue Reading
When organizations are seeking to expand their operations, they often will find interesting targets who have union-represented employees. A union’s presence will create additional compliance obligations but contrary to common misconceptions, union-related obligations are not necessarily unmanageable.… Continue Reading
The Consumer Financial Protection Bureau issued a new FCRA “Summary of Rights” form, effective September 21, 2018. Employers that use consumer reporting agencies to conduct credit or background checks must let both job applicants and employees know their rights under the FCRA by providing this form along with the FCRA disclosure and authorization. Failure to … Continue Reading
