The Department of Labor’s Wage and Hour Division (WHD) has relaunched its voluntary Payroll Audit Independent Determination (PAID) program, the agency announced July 24, 2025. The PAID program is an opportunity for employers...more
8/8/2025
/ Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
H-1B ,
H-2A ,
H-2B ,
Payroll Records ,
Prevailing Wages ,
Regulatory Requirements ,
Reporting Requirements ,
Service Contract Act ,
Wage and Hour
Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more
6/24/2025
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Disability Discrimination ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Health Insurance ,
Motion to Dismiss ,
Reasonable Accommodation ,
Retirement ,
SCOTUS ,
Stanley v City of Sanford Florida ,
Statutory Interpretation ,
Subsidies ,
Title I ,
Title VII
Businesses that employ drivers of commercial motor vehicles who operate in interstate commerce (CMV drivers) have some work to do before June 25, 2025. That is when CMV drivers who cannot speak and understand English...more
5/27/2025
/ Commercial Truck Drivers ,
Compliance ,
Department of Transportation (DOT) ,
Employee Training ,
Employer Responsibilities ,
Enforcement Actions ,
English-Only Rules ,
FMCSA ,
Limited English Proficiency (LEP) ,
New Guidance ,
Regulatory Requirements ,
Trucking Industry
Although the English proficiency rule (49 C.F.R. 391.11(b)(2)) is part of the minimum qualifications for drivers of commercial motor vehicles operating in interstate commerce, with certain limited exceptions, it has...more
On April 15, 2025, the United States District Court for the District of North Dakota issued its decision granting partial summary judgment to the Catholic Benefits Association, on behalf of its members and the Bismarck...more
As more employers incorporate wearable technology in the workplace, including those enhanced by artificial intelligence, the Equal Employment Opportunity Commission (EEOC)’s new fact sheet “Wearables in the Workplace: The Use...more
1/8/2025
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compliance ,
Data Collection ,
Data Privacy ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Medical Devices ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII ,
Wearable Technology ,
Workplace Safety
On the eve of the effective date of the Equal Employment Opportunity Commission’s (EEOC’s) final Pregnant Workers Fairness Act (PWFA) regulations (Final Rule), a federal court in Louisiana postponed the effective date of what...more
The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated...more
5/21/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Department of Labor (DOL) ,
Employee Polygraph Protection Act (EPPA) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Field Assistance Bulletins ,
Lactation Accommodation ,
Rest and Meal Break ,
Timekeeping ,
Wage and Hour ,
Working Time Regulations
The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires...more
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance,...more
Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034...more
We rang in the new year waiting and watching for the issuance of the EEOC’s final regulations implementing the Pregnant Workers Fairness Act (PWFA). The Office of Information and Regulatory Affairs (OIRA) received the text of...more
The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v....more
New legislation in New Hampshire will guarantee the right of nursing mothers to an unpaid break of 30 minutes to pump for every three hours of work beginning July 1, 2025.
This new state law comes in the wake of the 2022...more
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). In a matter of just under 9 months, since the law was...more
8/14/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Comment Period ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Lactation Accommodation ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Proposed Regulation ,
Reasonable Accommodation ,
Title VII ,
Undue Hardship
The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations (NPRM) to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires employers to provide reasonable accommodations to a qualified...more
In a year in which we saw a record number of religious accommodation charges and lawsuits, the Supreme Court has “clarified” the religious accommodation standard that employers and the EEOC have relied upon for more than 46...more
The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023. The PWFA requires employers to post a notice describing the various protections under the new law....more
Employers in New York State are required to comply with new obligations to accommodate nursing employees and to issue a mandatory lactation policy released by the Department of Labor beginning June 7, 2023. The expanded...more
Minnesota has become the 12th state to adopt a statewide paid program for employees during family and medical leaves. It also joined the more than 40 state and local jurisdictions mandating paid sick leave. Eligible Minnesota...more
The U.S. Department of Labor Wage and Hour Division (WHD) published Field Assistance Bulletin No. 2023-02 providing guidance to agency officials responsible for enforcement of the “pump at work” provisions of the Fair Labor...more
On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more
The U.S. COVID-19 Public Health Emergency will end on May 11, 2023, one week after the World Health Organization determined that COVID-19 is no longer a Public Health Emergency of International Concern....more
The Equal Employment Opportunity Commission (EEOC) issued new technical assistance, “Hearing Disabilities in the Workplace and the Americans with Disabilities Act,” addressing how the Americans with Disabilities Act (ADA)...more
The new Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP For Nursing Mothers Act) were adopted when President Joe Biden signed the Consolidated Appropriations...more