Back in 2021, survey data from the Society for Human Resource Management reflected that nearly 58 percent of U.S. employers voluntarily conducted pay audits. ...more
4/4/2025
/ Audits ,
Civil Rights Act ,
Employee Privacy Rights ,
Employment Discrimination ,
Equal Pay ,
Equal Pay Act ,
Human Resources Professionals ,
Legal Advice Privilege ,
Pay Equity Laws ,
Risk Management ,
Title VII
On June 28, 2024, the U.S. Supreme Court issued a landmark decision in Loper Bright Enterprises v. Raimondo, eliminating a fundamental principle of administrative law. In a 6-3 decision, the Supreme Court overturned Chevron...more
7/19/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
NLRB ,
OSHA ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
Federal agencies have been busy bees this spring, releasing multiple rules that will have a serious impact on employers’ labor and employment practices. This alert provides a high-level summary of some major updates from the...more
4/25/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Minimum Salary ,
Non-Compete Agreements ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
Given the current state of affairs in this country and the upcoming 2024 presidential election, there is no short supply of hot button issues that may come up in conversation in the workplace. Indeed, beyond the physical...more
On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Enforcement Guidance), which will supersede its prior guidance on...more
11/7/2023
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Causation ,
Electronic Communications ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Guidance Update ,
Harassment ,
Hostile Environment ,
Proposed Guidance ,
Protected Class ,
Sexual Orientation ,
Sexual Orientation Discrimination
In a July 28, 2023 ruling, the Seventh Circuit has signaled that Institutions of Higher Education (IHEs) seeking to enforce pronoun policies can expect to face increased scrutiny. Specifically, the Seventh Circuit vacated its...more
9/11/2023
/ Civil Rights Act ,
Colleges ,
Department of Education ,
Educational Institutions ,
Employment Litigation ,
Failure to Accommodate ,
Gender Identity ,
LGBTQ ,
OCR ,
Proposed Rules ,
Religious Beliefs ,
Religious Discrimination ,
Retaliation ,
School Districts ,
Sexual Orientation ,
Students ,
Teachers ,
Title IX ,
Title VII ,
Transgender ,
Universities
On July 24, 2023, less than a month after the Supreme Court's landmark decision striking down affirmative action practices in college admissions, the U.S. Department of Education, Office for Civil Rights (OCR) has launched an...more
8/10/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Donors ,
Educational Institutions ,
Investigations ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Title VII ,
Universities
Union organization campaigns are on the rise again, according to recent data from the Bureau of Labor Statistics and the National Labor Relations Board (“NLRB”). Institutions of Higher Education (“IHEs”) are wise to take...more
Debates concerning the pros and cons of social media usage are not new, but have recently resurfaced with more fervor, gaining attention at the national level. The renewed focus on social media usage may serve as a reminder...more
When companies are alerted to potential violations of policy or relevant law, they frequently open internal investigations to determine the events that occurred and whether the circumstances require corrective action....more
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, and formally adopted two new laws aimed at enhancing protections for pregnant employees and nursing parents in the workplace. The...more
With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur...more
On October 11, 2022, the U.S. Department of Labor (the DOL) announced a proposed rule to reestablish the pre-2021 analytic framework for assessing the classification of workers under the Fair Labor Standards Act...more
On July 26, 2022, Massachusetts Governor Charlie Baker signed the Creating a Respectful and Open World for Natural Hair ("CROWN") Act, prohibiting discrimination against employees and students on the basis of natural...more
On March 28, 2022, the Occupational Safety and Health Administration (OSHA) announced a proposed rule to amend its occupational injury and illness recordkeeping regulation. The proposed amendment will require certain...more