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Employment Law

What you should do now to prepare for the new overtime rule

09/18/2023
Now that the Department of Labor’s new proposed rule raising the white-collar overtime salary threshold has been published in the Federal Register, the clock has started ticking for employers to prepare for its eventual enactment.

EEOC wins $36 million verdict in deaf-driver case

09/15/2023
A jury has sided with the EEOC and awarded a deaf truck driver more than $36 million in punitive damages after the company that trained the driver refused to hire him because of his hearing impairment.

New pregnancy regulations to hit small employers hard

09/15/2023
If you have fewer than 50 workers, you haven’t had to worry about providing job-protected FMLA leave for pregnant employees or new parents. However, a new federal law—the Pregnant Workers Fairness Act—has changed all that for small employers with 15 or more employees. If you meet that threshold, the PWFA now requires you to accommodate many pregnancy-related conditions, complications and limitations.

As states relax child-labor laws, beware! Feds could still sue

09/15/2023
In an economy defined by labor in short supply, many employers may be tempted to hire more underage workers in order to remain fully staffed. That can be legally risky! Those employers may face scrutiny from the U.S. Department of Labor—and they could trigger backlash (and additional liability) if young workers are injured or harassed at work.

CEOs distance themselves from DEI initiatives

09/13/2023
Mentions of corporate diversity, equity and inclusion initiatives fell by 54% during CEO earnings calls in the first quarter following the U.S. Supreme Court’s Students for Fair Admissions v. Harvard decision, which outlawed race-based affirmative action in higher education.

NLRB expands criteria for determining what counts as ‘protected concerted activity’

09/11/2023
A new National Labor Relations Board ruling has loosened the criteria for determining if worker activities are protected by Section 7 of the National Labor Relations Act. That part of the law guarantees employees the right to engage in “protected concerted activities” aimed at collectively improving working conditions.

Public comments on proposed OT rule accepted until Nov. 7

09/11/2023
The Department of Labor’s proposed rule raising the white-collar overtime salary threshold was published in the Federal Register on Sept. 8.

Brace for more lawsuits claiming violations of employees’ religious rights

09/11/2023
EEOC complaints based on religious accommodations had already increased substantially over the last two fiscal years. In 2021, there were 2,111 religious-discrimination charges. By the end of fiscal year 2022, that number had jumped to 13,814. That number may increase yet again in the wake of the Supreme Court’s recent decisions.

NYC ban on height, weight bias may catch on

09/11/2023
The law goes into effect Nov. 22. It makes it illegal for New York City employers to discriminate based on an applicant’s or employee’s height or weight. Employers must also protect employees from height and weight harassment.

When it’s OK to pile on work following FMLA leave

09/08/2023
When employees take FMLA leave, they have the right to return to the same or an equivalent position. “Equivalent” means the job has the same pay, benefits and working conditions as before. But jobs often evolve, even when the jobholder is off on FMLA leave. And sometimes, that means an employee will return to a job that’s somewhat different.