As we reported on January 22, 2025, and January 29, 2025, the Trump Administration issued Executive Orders targeting diversity, equity, and inclusion (“DEI”) initiatives in the federal government and private sector, namely...more
As we reported on January 21, 2025, and January 29, 2025, the Trump Administration issued Executive Orders targeting diversity, equity and inclusion (“DEI”) initiatives in the federal government and private sector, namely...more
Our prior Legal Alert regarding President Trump’s January 21, 2025 Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“January 21, 2025 Executive Order”) focused on its rescission...more
Today as millions of employers within the United States strategized and prepared for complying with the January 1, 2025, increased salary threshold for determining the overtime eligibility of its workforce, the Eastern...more
Kilpatrick’s Brodie Erwin and Sarah Spangenburg recently presented an “Employment Law Update: What You Need to Know Now and Next” at the firm’s annual In-House Counsel Summit in Raleigh. Mr. Erwin and Ms. Spangenburg explored...more
Over the next year, the landscape of leave and break laws is changing in New York. We’ve outlined a few highlights and key dates below....more
On June 27, 2023, the Pregnancy Workers Fairness Act (“PWFA”) went into effect requiring employers with 15 or more employees to provide “reasonable accommodations,” or changes at work, for a worker’s known limitations related...more
We previously reported on the Department of Labor’s (“DOL”) Notice of Proposed Rulemaking (“NPRM”) regarding overtime eligibility. The DOL estimated that the NPRM, as drafted, would make approximately 3.6 million U.S. workers...more
On Wednesday, April 17, 2024, the U.S. Supreme Court issued a ruling in Muldrow v. St Louis, No. 22-193, resolving a circuit split and holding Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discriminatory...more
On Monday, April 1, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued its final “walkaround” rule. The final rule broadens worker and union rights to designate an employee or...more
Overview -
On January 9, 2024, the long-awaited new, final rule on employee or independent contractor classification under the Fair Labor Standards Act was released by the Department of Labor. The final rule rescinds the...more
Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight into recent...more
On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more
As many employers are aware, on Aug. 30, the U.S. Department of Labor announced a notice of proposed rulemaking regarding overtime eligibility....more
On Wednesday, August 30, 2023, the Department of Labor fulfilled its promise from its spring regulatory agenda and announced a Notice of Proposed Rulemaking (NPRM) regarding overtime eligibility. Prior to issuing this NPRM,...more
I. Background of PWFA and the Issuance of the Notice of Proposed Rulemaking (“NPRM”) -
On December 29, 2022, President Biden signed the Pregnant Workers Fairness Act (“PWFA”) and gave the U.S. Equal Employment Opportunity...more
On Thursday, June 29, 2023, the U.S. Supreme Court decided Groff v. DeJoy, No. 22-174, significantly altering the long-standing religious accommodation test. This opinion presented SCOTUS with its first opportunity in nearly...more
7/6/2023
/ Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Groff v DeJoy ,
Reasonable Accommodation ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship ,
USPS
On February 24, 2023, we issued an alert regarding the NLRB’s decision in McLaren Macomb. In that alert, we indicated that the NLRB would eventually issue guidance on questions arising as a result of that decision and,...more
Tuesday’s NLRB decision in McLaren Macomb explicitly overruled Baylor University Medical Center, 369 NLRB No. 43 (2020) and IGT d/b/a International Game Technology, 370 NLRB No. 50 (2020) and reversed the Trump-era decisions...more
On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a “Know Your Rights” poster, replacing the previous “EEO is the Law” poster. A new version (dated October 20, 2022) of this poster was...more