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Employment Law

Washington Watch: NLRB, OSHA in the news

02/23/2024
A constitutionality argument against the NLRB and OSHA’s new walkaround rule.

Pregnant Workers Fairness Act adds intermittent-leave challenges

02/23/2024
The PWFA lets pregnant employees take a new, albeit informal, form of intermittent leave—and it doesn’t always require a health-care provider’s certification. The PWFA requires pregnancy-related conditions to be reasonably accommodated. Many such conditions mean employees may miss work with little or no notice.

Old test or new, the FLSA still defaults to employee status

02/21/2024
The Fair Labor Standards Act is remedial legislation that is meant to cover as many employees as possible. The Department of Labor’s final worker status regulations were never intended to change this. The main reason for issuing the regs was to codify the Supreme Court’s 80-year-old test. A recent case decided before the final regs were issued illustrates.

White-collar Wednesdays: Initial preparations for the DOL’s final salary-level regs

02/21/2024
We are now a little over two months away from the release of final regulations raising the weekly and annual salary amounts employees must earn to remain exempt from the FLSA, as promised by the Department of Labor. Regardless of how this shakes out, it’s best to be prepared.

FTC could begin investigating worker misclassification

02/20/2024
The Department of Labor isn’t the only federal agency interested in curbing worker misclassification. Now a member of the Federal Trade Commission has suggested it should start looking at whether companies that incorrectly classify workers as independent contractors instead of employees enjoy an unfair competitive advantage.

Grant request for religious accommodation if at all possible

02/20/2024
Since the Supreme Court’s landmark religious accommodation decision in Groff v. DeJoy last June, the number of federal lawsuits alleging religious discrimination has increased. The litigation signals a major shift—and the need for employers to adopt a new way of thinking about religious accommodations.

Access to Personnel Files: 50 State Laws

02/16/2024
No federal law grants employees the right to inspect their personnel files. However, many states do give employees that right and spell out the terms under which employees are allowed to inspect their files. Here’s a state-by-state list of laws governing access to personnel files.

How to Wipe Out Fraud and Abuse Under FMLA

02/16/2024
The medical certification process is your most potent weapon for combating potential FMLA fraud. But obtaining a certification is only the first fraud-stopping step. Here are 10 more things you can do to keep employees from gaming the FMLA system.

Can you rein in political speech at work?

02/16/2024
Most employers would prefer employees focus on work and not the state of the world when they are on the clock. So how can you quell political arguments in the workplace? You must balance employees’ interest in speaking freely with your interest in maintaining order and productivity:

A DEI smackdown: Good intentions vs. the law

02/14/2024
In the blue corner, from the Big D, the former owner of the Dallas Mavericks basketball team and serial entrepreneur Mark Cuban. And in the red corner, hailing from our nation’s capital, EEOC Commissioner Andrea Lucas.