Recall that just last year, the EEOC updated its Enforcement Guidance on Harassment in the Workplace for the first time in 30 years. We blogged about it here. Earlier this year, President Trump issued Executive Order 14168...more
5/23/2025
/ Constitutional Challenges ,
Corporate Counsel ,
Employment Discrimination ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Gender Identity ,
Judicial Authority ,
Sexual Harassment ,
Texas ,
Title VII
As everyone in Human Resources knows by now, the Pregnant Workers Fairness Act (PWFA) requires employers to reasonably accommodate employees because of pregnancy and conditions related to pregnancy. In case you missed it, we...more
5/8/2025
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compliance ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Human Resources Professionals ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation
As you know, there’s been a frenzy around DEI initiatives this year in the of wake President Trump’s executive orders regarding diversity, equity, and inclusion programs. We addressed the executive order titled “Ending...more
What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and...more
1/21/2025
/ Americans with Disabilities Act (ADA) ,
Data Privacy ,
Data Protection ,
Disability Discrimination ,
Discrimination ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Reasonable Accommodation ,
Smart Devices ,
Technology Sector ,
Title VII ,
Tracking Systems
With inclement weather, snow flurries, and ice in the forecast, we thought it was best to dust off the old blog post and remind you about best practices to address weather-related issues when paying employees. We hope you all...more
Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more
9/26/2024
/ Age Discrimination ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Hostile Environment ,
Retaliation ,
Sexual Harassment ,
Title VII
With the passage of the Pregnant Workers Fairness Act (PWFA), the law on how you accommodate pregnant workers changed last June, and we blogged about it. Then the EEOC issued extensive regulations last August, and we blogged...more
6/21/2024
/ Americans with Disabilities Act (ADA) ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Labor Laws ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Regulatory Agenda
It has been a long road to this point, but the final Pregnant Workers Fairness Act (PWFA) regulations are here. We first blogged in early 2023 about the PWFA, which became effective in June 2023, and again last August when...more
Remember last year when we repeatedly posted about the Pregnant Worker Fairness Act (PWFA) and the PUMP Act telling you that the EEOC was going to have pregnancy discrimination on its radar? Recent activity from the EEOC...more
Remember the 2021 Independent Contractor Rule? Well, forget it or at least most of it. Last week, the DOL published a new final rule for independent contractor status under the Fair Labor Standards Act (the New Rule). The New...more
We’ve been updating you on all the new and upcoming laws, but let’s not forget the basics, like the Age Discrimination in Employment Act (ADEA). The EEOC’s recent settlement with Exact Sciences is a good reminder that we...more
Everyone has been preparing for the recently enacted Pregnant Workers Fairness Act and the PUMP Act. Earlier this month the EEOC gave us another reason to make sure our policies are up to snuff. Frontier Airlines and the EEOC...more
12/15/2023
/ Breastfeeding ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Lactation Accommodation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Settlement
Tips to Change the Mental Health Culture in Your Workforce -
Let’s face it—while the stigma about mental health issues has gotten better, much work is still needed. It is up to all of us to help improve the dialogue and tone...more
Recently, the EEOC announced its top priorities for the coming years in its Strategic Plan for 2022-2026. We hit the highlights of the goals and plans for implementation below so that you can start preparing for the upcoming...more
We promised to keep you updated with the EEOC’s proposed regulations for the Pregnant Workers Fairness Act (PFWA). Per its website, the EEOC is publishing the proposed regulation on August 11, 2023, and you have until October...more
Balancing work and motherhood raises age-old questions for women in virtually every industry. Amongst these are how to navigate work during both pregnancy and the transition back to work after the baby is born, which present...more
7/12/2023
/ Breastfeeding ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Labor Reform ,
Lactation Accommodation ,
New Legislation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
State Labor Laws
It’s time for the Pregnant Workers Fairness Act (PWFA). We’ve been warning you that the PWFA is coming and in less than a week, on June 27, the PWFA goes into effect. We’re still waiting on the EEOC’s proposed regulations but...more
You may recall that the Pregnant Works Fairness Act (PWFA) is modeled after the Americans with Disabilities Act and we blogged about the coming changes here. Given that the effective date is June 27, we’re back with an update...more
4/11/2023
/ Americans with Disabilities Act (ADA) ,
Breastfeeding ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation ,
Rest and Meal Break ,
Title VII
Do you have pregnant employees, employees returning from parental leave, or employees who have had a child or children in the last two years? Recent updates to two laws may impact accommodations you provide pregnant and...more
We can’t pass up the opportunity to encourage you to stay off the naughty list by telling you about this Eighth Circuit case offering guidance on working with your employees who request ADA accommodations. In Joseph Mobley v....more
12/22/2022
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Leave of Absence ,
Reasonable Accommodation ,
Remote Working
We hope your 2022 is off to a good start and you are all managing the COVID-19 pandemic challenges. For this post, we wanted to take a break from COVID-19-specific topics to remind you of some new year to dos. Specifically,...more
We’ve talked about social media policies several times over the years, but it’s been a while since we’ve discussed monitoring your employees’ work phones, emails, and internet usage. As you most likely know, you can and...more
As promised in our April 2021 post regarding the rules for tipped employees, here’s the update on the final rule. Recall that not all of the rule became effective earlier this year but certain portions were implemented to...more
10/1/2021
/ Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Labor Law Violations ,
Minimum Wage ,
Restaurant Industry ,
Tip Credit ,
Tipped Employees ,
Tips ,
Wage and Hour
You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII. After that decision,...more
7/20/2021
/ Bostock v Clayton County Georgia ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
New Guidance ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data...more