The Equal Employment Opportunity Commission’s long-awaited new Workplace Harassment Guidance was issued on April 29, 2024. The last one was issued in 1999!...more
On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule adopting a comprehensive ban on non-competition agreements and clauses, which prevent workers from leaving for a competitor for a certain period of...more
One of the decisions avid Supreme Court watchers (yes, aka employment law nerds) have been waiting for was Muldrow v. City of St. Louis, Missouri....more
4/24/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Human Resources Professionals ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The final rule and Guidance issued by the Equal Employment Opportunity Commission (EEOC) this week on the Pregnant Workers’ Fairness Act of 2023 (PWFA) answers the question of “what took so long?”...more
The new Department of Labor (DOL) Final Rule provides the following non-exhaustive six-factor test regarding whether a worker should be classified as an employee or an independent contractor for wage payment purposes...more
Employer policies and employment decisions involving workers’ compensation can be tricky. We often receive calls to assist employers who are haunted by common misunderstandings. So, as a special Halloween treat this year, we...more
As reported in our January 10 alert, the federal Pregnant Workers Fairness Act (PWFA) goes into effect on June 27.
While our prior alert contained the details of this new law, here are a few practical steps to...more
6/20/2023
/ Breastfeeding ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Human Resources Professionals ,
Labor Reform ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) ,
Reasonable Accommodation
Employers who use an external company to conduct background checks should be sure this company provides you (or your applicants, if the external company is sending these notices directly) with the new “Summary of Your Rights”...more
While You Were Sleeping (or Traveling or Watching Football) During the Holidays. . .Two New Federal Laws Affecting Pregnant Workers Were Passed -
Two updates to start the New Year include the Providing Urgent Maternal...more
The Equal Employment Opportunity Commission (EEOC) has issued a new mandatory “Know Your Rights: Workplace Discrimination is Illegal” poster....more
Adding personnel is typically a good indicator of growth for a new or emerging business. However, despite good intentions or attempts to achieve greater efficiency, many new businesses make common mistakes like the ones...more
Here are a few employment-law related developments you may have missed as you are out enjoying your summer. ...more
With the U.S. Supreme Court recognition of same-sex marriage back in 2015 and increasing EEOC scrutiny regarding employers’ pregnancy accommodation policies and practices as well as gender discrimination, your new parent...more
The Tennessee General Assembly passed the Healthy Workplace Act back in 2014, which provided immunity to public employers for employee claims relating to workplace bullying if they adopted the model anti-bullying policy which...more
Some of you may be surprised to know that our great State of Tennessee does not use the same definition as the federal government, specifically the IRS, when it comes to defining “independent contractors” vs. “employees.”...more
The Department of Labor (DOL)’s latest Opinion Letter regarding independent contractors (and how to distinguish them from employees) uses the same six (6) factors we have seen in previous letters....more
In the latest Department of Labor (DOL) Opinion Letter, issued on March 14, 2019, the question posed to the DOL was, “May we allow employees to use some or all of their paid leave before using FMLA leave in connection with an...more
The Wage and Hour Division of the Department of Labor (DOL) had taken a break for the past 9 years from issuing Opinion Letters. These Letters are not binding/do not have the effect of law, but can be beneficial to employers...more
Can You Fire Her? -
Most employers, including the one involved in the lawsuit the title of this article is based upon, Hostettler v. The College of Wooster, would answer this question “yes.” After all, the Family and Medical...more
If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more
3/31/2017
/ Anti-Harassment Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Managers ,
Risk Assessment ,
Risk Mitigation ,
Sexual Harassment ,
Supervisors
In our June 26 alert regarding the U.S. Supreme Court's same-sex marriage decision in Obergefell v. Hodges, we said we would continue to keep you posted regarding new developments in this area of the law.
Some of you may...more
7/20/2015
/ Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Discrimination ,
Harassment ,
Hiring & Firing ,
Job Promotions ,
Obergefell v. Hodges ,
Policies and Procedures ,
Protected Class ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII
In a closely-watched case arising from the Tenth Circuit Court of Appeals, EEOC v. Abercrombie & Fitch Stores Inc., the U.S. Supreme Court held yesterday that an applicant or employee need not prove that an employer had...more
6/2/2015
/ Abercrombie & Fitch ,
Actual or Constructive Knowledge ,
Americans with Disabilities Act (ADA) ,
Discrimination ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS
The recent pregnancy accommodation Guidance from the Equal Employment Opportunity Commission ("EEOC") makes it clear that discrimination against a female employee who is lactating or breastfeeding is illegal, in violation of...more
To start, for any company-sponsored gathering, liability cannot be totally eliminated. Even if attendance is completely voluntary for your employees, if the event is held on your property they will still be “invitees” like...more