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New Trump Executive Order Dismantles Disparate Impact Liability

On April 23, President Trump issued an executive order, "Restoring Equality of Opportunity and Meritocracy" (EO), intending to abolish a longstanding liability theory for workplace discrimination claims. Emphasizing the need...more

Eight Phrases Employers Should Watch For During Election Season (And How to Handle Them)

As we head into the final weeks of the 2024 election campaigns, it's likely that American workplaces will be filled with employees discussing, arguing over, and participating in one of the country's hundreds of local,...more

Everybody Hurts: Rethinking the Material Harm Requirement in Employment Discrimination Claims

The Supreme Court recently heard the case of Muldrow v. City of St. Louis, a decision that could expand the scope of Title VII’s discrimination protections. With this case, the Court could expose all of an organization’s...more

Wigging Out: The NLRB Overturns Another Trump-Era Test and Returns to a Stricter Independent Contractor Standard

On Tuesday, June 13, 2023, the National Labor Relations Board (NLRB or the “Board”) issued a decision that effectively increases the number of workers who are considered employees rather than independent contractors under the...more

What Is Reasonable? Handling Employee Requests for an Extended Leave of Absence

Assessing extended leave requests can be one of the most difficult and challenging issues employers face. While many employers are sympathetic to an employee's challenging health issues, a desire to help employees must be...more

Employee or Independent Contractor: The Department of Labor Proposes a "New" Worker Classification Rule

​​​​​​​On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more

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