The Pregnant Workers Fairness Act (PWFA) and the PUMP (Providing Urgent Maternal Protections) for Nursing Mothers Act, included as part of the recent Congressional spending bill, expand and clarify rights for pregnant and nursing workers.
Last week the Federal Trade Commission (“FTC”) took unprecedented action against multiple businesses due to their non-compete agreements with employees. This action comes in response to an Executive Order issued by President Biden well over a year…
On January 5, 2023, the FTC issued a proposed rule that purposes the ban of virtually all non-compete agreements, including those entered into before the rule takes effect. This breaks the silence from the FTC on this subject and is a direct…
The Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights: Workplace Discrimination is Illegal” poster on October 19, 2022, which replaces the “Equal Employment Opportunity is the Law” poster last revised in 2009.
In its …
On October 13, 2022, the U.S. Department of Labor (DOL) published a Proposed Rule to revise its prior guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This Proposed Rule rescinds a…
Shelley M. Jackson discusses the differences between service and emotional support animals and what rights are available for individuals who have them?
In a tight labor market with diversity, equity, and inclusion front of mind, some employers have expanded their outreach to prospective employees under the federal Work Opportunity Tax Credit (WOTC). Refining their recruiting approach may relieve…
While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses…
Last week, the Senate passed a bill, Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, that will nullify forced arbitration clauses in sexual assault and sexual harassment cases. The bill has been sent to President…
On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care…
Imagine that your company contracts with a salesperson, consultant, or other professional, who insists on an independent contractor arrangement. He wants to be free to accept other work opportunities. Your company accommodates by paying a daily rate…
Yesterday afternoon, the U.S. Supreme Court issued two key rulings relating to mandatory COVID-19 workplace measures. The rulings contain important implications for private and certain other employers with 100 or more employees and for health care…
