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Texas Court Tosses Biden Overtime Exemption Rule

In November, a Texas federal court struck down the Biden Department of Labor’s (DOL) rule that would have made millions of salaried workers eligible for overtime pay....more

For Non-Signatories to Contract, Initial Question of Arbitrability Left Up to Court

On November 6, 2024, in Isernia v. Danville Regional Medical Center, the United States District Court for the Western District of Virginia issued an Opinion denying multiple defendants’ motion to compel arbitration. The...more

Making it “Rein”: Fifth Circuit Looks to Roll Back Department of Labor Rulemaking Authority

A trio of cases before the United States Court of Appeals for the Fifth Circuit have challenged the core of US Department of Labor rulemaking. With varying levels of success. Restaurant Law Center v. DOL pertains to the DOL’s...more

EEOC Finalizes Pregnant Workers Fairness Act Rule

On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) finalized its rule implementing the Pregnant Workers Fairness Act (PWFA). Congress passed the PWFA to require employers to reasonably accommodate employees...more

Supreme Court Lowers the Bar for Employment Discrimination Claims: Only “Some Injury” Required

On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more

Exception for “Transportation Workers” Under the Federal Arbitration Act Grows Larger

The courts will generally enforce employee arbitration agreements via the Federal Arbitration Act (“FAA”). However, a “transportation workers” exemption exists under the FAA. On April 12, 2024, the United States Supreme Court...more

U.S. Supreme Court Declines to Review Fourth Circuit Decision Upholding ADA Summary Judgment

On November 6, 2023, the United States Supreme Court declined to review the Fourth Circuit’s decision affirming summary judgment for the employer in an ADA accommodation case, Hannah v. UPS, No. 21-1647 (July 10, 2023).  The...more

Pregnant Workers Fairness Act: Does It Actually Fill in the Gaps?

On August 11, 2023, the Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) for enabling rules to the Pregnant Workers Fairness Act (PWFA).  Congress passed the PWFA to address gaps...more

The Incomplete Guide to Religious and Title VII Accommodations

The Supreme Court’s decision in Groff v. Dejoy is a consequential case for employers facing religious accommodation requests. The Court held that an employer facing such requests does not need to follow the “undue hardship”...more

The End of the COVID-19 Pandemic Declaration and Impact on EEO Laws

The Biden administration announced the end of the COVID-19 pandemic declaration on May 11, 2023. While the news has been dominated by the end of the Title 42 declaration, employers are facing uncharted waters, as well. Many...more

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