Employment Alert – The FLSA’s Salary-Basis Test Post-Loper-Bright

When the United States Supreme Court junked the 40-year-old Chevron doctrine this past term in its Loper Bright decision, many in the legal community were wondering what the fallout would look like. Loper Bright liberated courts to freshly interpret statutes and eschew deference to agency interpretations, setting the stage for a flood of rulings invalidating regulations across the administrative state. A prime candidate for attack: the Department of Labor’s “Minimum Salary Rule.”

By |2024-09-19T15:56:18-05:00September 13th, 2024|Comments Off on Employment Alert – The FLSA’s Salary-Basis Test Post-Loper-Bright

Proposed OSHA Heat Safety Regulations: What Employers Need to Know

Since 2022, the Occupational Safety and Health Administration (OSHA) has been focused on heat-related hazards and possible heat-related injuries and illnesses in indoor and outdoor workplaces. OSHA recently proposed workplace regulations designed to protect workers from heat-related illnesses and fatalities, specifically.

By |2024-07-25T16:35:46-05:00July 25th, 2024|Comments Off on Proposed OSHA Heat Safety Regulations: What Employers Need to Know

Employment Alert – Recent Supreme Court Decision Lowers Threshold for Employee Discrimination Claims – How to Mitigate Risk

Read on for tips to mitigate risk and make sure you are not caught unprepared.

By |2024-06-18T16:12:57-05:00April 23rd, 2024|Comments Off on Employment Alert – Recent Supreme Court Decision Lowers Threshold for Employee Discrimination Claims – How to Mitigate Risk

Employment Alert – Delivered: EEOC Publishes Final Rules Implementing Pregnant Workers Fairness Act

On June 18, 2024, the final regulations implementing the Pregnant Workers Fairness Act will become effective.

By |2024-06-18T16:13:17-05:00April 16th, 2024|Comments Off on Employment Alert – Delivered: EEOC Publishes Final Rules Implementing Pregnant Workers Fairness Act

Employment Alert – PWFA Final Regulations Are Past Their Due Date

Congress passed the Pregnant Workers Fairness Act (“PWFA”), which took effect on June 27, 2023, and applies to all employers with 15 or more employees. The EEOC issued proposed regulations in August 2023 and allowed public comment through October 11, 2023, with final regulations anticipated in late December 2023. As of the date of this alert, no final regulations have been published.

By |2024-06-18T16:14:00-05:00January 17th, 2024|Comments Off on Employment Alert – PWFA Final Regulations Are Past Their Due Date

Employment Alert – The Important “Interactive Process” Can Be Informal

Recently, the Tenth Circuit held an employer fulfilled its interactive accommodation obligations under the Americans with Disabilities Act (“ADA”) through informal discussions.

By |2024-06-18T15:48:43-05:00January 27th, 2023|Comments Off on Employment Alert – The Important “Interactive Process” Can Be Informal

Employment Alert – Employers Need to Address Heat-Related Hazards

Earlier this year the OSHA issued a new National Emphasis Program designed to protect employees from heat-related hazards and possible heat-related injuries and illnesses in indoor and outdoor workplaces.

By |2024-06-18T15:52:17-05:00August 2nd, 2022|Comments Off on Employment Alert – Employers Need to Address Heat-Related Hazards
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