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Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

A Primer on AI Issues in the Workplace - Part 1

Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more

Can an Employee Be Eligible for Medical Leave Even if FMLA and PTO Leave Isn’t Available?

When employers think of “medical leave,” most minds understandably jump to the Family Medical Leave Act (FMLA) or time off that employees may be entitled to under company-provided policies (sick leave, vacation, PTO, etc.)....more

The FTC’s New Final Rule on Non-Competes: Key Points for Businesses

On April 23, 2024, the Federal Trade Commission (FTC) approved a rule banning employers from enforcing non-compete agreements for all workers, including employees and independent contractors, with limited exceptions. This new...more

Is the Supreme Court about to expand employer liability under Title VII, and could its decision hamper DEI initiatives?

To prevail on a discrimination claim under Title VII and similar anti-discrimination laws, the employee bringing suit must prove that he or she suffered an “adverse employment action” because of a legally protected...more

Terminating Poor Performers During or After FMLA or ADA Leave: Key Considerations

Performance management is one of the most important–and difficult–issues that employers face in supervising their workforce. Dealing with performance problems becomes even harder when an underperforming employee requests or...more

Do you have to pay remote, non-exempt employees for work time you didn’t know about?

It depends.  Although, fortunately, the Department of Labor (DOL) has issued guidance to help employers handle this often-misunderstood scenario, which got even trickier for those businesses that were unexpectedly thrust into...more

Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an...more

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