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On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic.
Plaintiffs in Alcantara v. Duran Landscaping alleged that their former employer violated the Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act because it failed to pay overtime premiums.
Many non-compete agreements face challenges in both execution and enforcement.
The Internal Revenue Service (IRS) recently announced that it will hire 470 new revenue agents into the Small Business Self Employed (SB/SE) division.
In this episode, Mike Taylor and Adam Roseman talk to Deborah Harris, Chief of the United States Department of Justice Environmental Crimes Section.
On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment opportunity laws.
In a case of first impression, a judge of the Essex County Superior Court held that the Federal Arbitration Act (FAA) no longer preempts Section 12.7 of the New Jersey Law Against Discrimination (LAD)—which prohibits mandatory arbitration clauses in employment disputes—with respect to workplace sexual harassment and sexual assault suits. The ruling follows President Biden’s March 3, 2022, signing of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amends the FAA to prohibit the enforcement of contract provisions that require arbitration of sexual harassment and sexual assault claims. In addition, House representatives recently introduced a bipartisan bill, known as the SPEAK OUT Act (HR 8227), that would prohibit the enforcement of predispute nondisclosure agreements (NDAs) when employees allege sexual misconduct in the workplace.
Some employers wish to post job openings without providing a salary range.
The National Labor Relations Board modified its electronic notice posting requirements for workplaces impacted by COVID-19. Paragon Systems, Inc., 371 NLRB No. 104 (June 2, 2022). The NLRB ruled that when employers that have either shutdown or lost a significant number of workers due to the COVID-19 pandemic violate the National Labor Relations Act (NLRA), they must electronically post the Board notices of such violations within 14 days after service by the regional office if the employers regularly communicate with employees by electronic means.
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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