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Roe v Wade is Overturned, Now What?

28 June 2022

Roe v Wade is Overturned, Now What?

Author: Anthony Kaylin

Last Friday, the Supreme Court overturned the constitutional right to abortion decided in an earlier Supreme Court case in 1973 called Roe v. Wade. In that case, the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. In Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), the Supreme Court ruled that Mississippi could ban most abortions after 15 weeks of pregnancy, overturning Roe v. Wade.
Employee Marijuana Use – Know the Laws

28 June 2022

Employee Marijuana Use – Know the Laws

Author: Susan Chance

As more and more states are legalizing the use of marijuana for medical use, recreational use, or both, employers are facing more challenges with maintaining workplace safety while avoiding the pitfalls of laws that are employee friendly to users of marijuana.

Wage and Hour Issues to be Aware Of

14 June 2022

Wage and Hour Issues to be Aware Of

Author: Anthony Kaylin

Currently, the U. S. Department of Labor Wage and Hour Division (Wage & Hour) has been conducting a series of listening sessions in various regions to hear what industry and workers’ organizations thoughts are about raising the salary level for exempt employees. 

NLRB Continues to Review and Challenge Employer Policies

14 June 2022

NLRB Continues to Review and Challenge Employer Policies

Author: Michael Burns

The Biden Administration’s pro-labor policies are being heavily pushed by the agency responsible for overseeing employee and employer labor rights, the National Labor Relations Board (NLRB). The NLRB is governed by the law that it is charged with interpreting and administering. This is of course the National Labor Relations Act (NLRA).

Appeals Court Finds Employee Burden Limit to Religious Accommodation

7 June 2022

Appeals Court Finds Employee Burden Limit to Religious Accommodation

Author: Michael Burns

The U.S. Third Circuit Court of Appeals recently found for the employer in a religious discrimination case. The case involved a worker in the U.S. Postal Service (USPS) whose religious belief required him to observe the Sabbath on Sunday.

DOL Issues Mental Health Fact Sheet to Address When FMLA Can Apply

31 May 2022

DOL Issues Mental Health Fact Sheet to Address When FMLA Can Apply

Author: Michael Burns

As noted in the Quick Hits section of today’s EPTW, last week the U.S. Department of Labor issued new information on the Family and Medical Leave Act (FMLA) further explaining when FMLA applies for mental health conditions.

Disclosure Form Compliance – It Could Save You Thousands!

17 May 2022

Disclosure Form Compliance – It Could Save You Thousands!

Author: Susan Chance

What if you could save your company thousands of dollars, or more, and protect its reputation using one simple form? There is no doubt that anyone in an HR position is overworked, and these days many are understaffed; however, when it comes to the disclosure form for background checks, it is imperative that anyone involved in the process takes the time to ensure they are sending forms to their applicants which are FCRA compliant.

If Roe v Wade is Overturned, Then What?

10 May 2022

If Roe v Wade is Overturned, Then What?

Author: Anthony Kaylin

For many employers, their healthcare benefits include access to pregnancy termination procedures, or abortions.  The right to abortions was decided in a 1973 case called Roe v. Wade. The case was controversial for multiple reasons, but the crux of it is that the U.S. Supreme Court struck down a Texas statute banning abortion, effectively legalizing the procedure across the United States. Before the decision, abortion had been illegal throughout much of the country forcing many women to...
U.S. Department of Labor Focuses on Retaliation

26 April 2022

U.S. Department of Labor Focuses on Retaliation

Author: Michael Burns

Equal employment laws (EEO) have protections against employer retaliation. Retaliation is an adverse employment action an employer takes against an employee who, for example, whistle blows against their employer, makes a claim of discrimination, or even participates in a wrongful employment action investigation against the employer.

Prompt Investigations are Required for Title VII Complaints – Not a “Perfect” Response

26 April 2022

Prompt Investigations are Required for Title VII Complaints – Not a “Perfect” Response

Author: Anthony Kaylin

If a complaint about race or sex discrimination arises, the person bringing the complaint will generally have what they think is the perfect solution.  However, courts are not looking as much at the solution as they are at the steps taken to get to a solution.  Prompt investigation is an important defense to discrimination claims.

Administrative Snafus Lead to Accommodation and Termination Mishaps

19 April 2022

Administrative Snafus Lead to Accommodation and Termination Mishaps

Author: Anthony Kaylin

When using a third-party administrator for leave issues such as FMLA, employers need to ensure proper coordination of their policies with the timing of responses by the third-party administrator.  If not, it could leave the employer liable for either interference of FMLA or ADA violations. 

How Expansive Can the Federal Government Procurement Regulations Be?

12 April 2022

How Expansive Can the Federal Government Procurement Regulations Be?

Author: Anthony Kaylin

Since the 1960’s the federal government’s procurement regulations have been used for the administration’s social policy implementation.  For example, the procurement regulations were used to promote, affirmative action, good compliance actors, anti-human trafficking, and health and safety concerns. 

OFCCP Issues New Directive Knocking Out the Former Transparency Directive

5 April 2022

OFCCP Issues New Directive Knocking Out the Former Transparency Directive

Author: Anthony Kaylin

In a misguided argument for increased efficiency in audit, the OFCCP issued a new directive on March 31, 2022, to rescind the former Transparency Directive (DIR 2018-08) and three others under the previous administration (DIR-2018-06, DIR 2020-02, and DIR 2021-02).  

If ADA Applies, More Time Off May be Necessary When Employee is Coming Off FMLA

29 March 2022

If ADA Applies, More Time Off May be Necessary When Employee is Coming Off FMLA

Author: Anthony Kaylin

Just recently the EEOC settled with a trucking and property management company who terminated an employee after they exhausted their FMLA leave and were unable to return to work.  In the situations before the EEOC, the company terminated one employee with 30 years tenure who needed an additional three weeks off and another employee with 20 years tenure who simply needed an additional week.

Texas Federal District Court Re-establishes Trump DOL Proposed Independent Contractor Regulations

22 March 2022

Texas Federal District Court Re-establishes Trump DOL Proposed Independent Contractor Regulations

Author: Michael Burns

In the continuing tug, pull, shove, and throw around which test is the best to determine independent contractor (IC) status, a federal district court in Texas made a bigger than typical call about which IC test must currently be used by the U.S. Department of Labor (DOL).

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