Yogi Berra was one of the greatest baseball players in history. He was a three-time MVP, 18-time All-Star, and 10-time World Series champion. He went on to become a successful manager, leading both American and National League teams to the World Series. But despite his legendary career on the diamond and in the dugout,… Continue reading A Yogi’s Guide to Human Resources
The OFCCP is moving forward with the rollout of its new Contractor Portal (previously designated the Affirmative Action Program Verification Interface) for federal government contractors and subcontractors. The OFCCP is directing all supply and service contractors and subcontractors (construction contractors are not currently covered) who are required to develop and maintain affirmative action programs to register… Continue reading The Latest Updates on the Federal Government’s New Contractor Portal
On March 10, 2022, the U.S. Department of Labor (“DOL”), Wage and Hour Division issued guidance on forms of prohibited retaliation under various laws the DOL enforces, including the Fair Labor Standards Act (“FLSA”), the Family Medical Leave Act (“FMLA”), immigration visa programs, and other laws and executive orders. The DOL guidance provides a general overview of… Continue reading DOL Spotlights FMLA, FLSA, and Visa Program Retaliation in New Guidance
On March 3, 2022, President Joe Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021,” commonly referred to as the “Me Too” law. The act, which amends the Federal Arbitration Act and becomes effective immediately, prevents employers from utilizing employment agreements that require mandatory arbitration of workplace… Continue reading Federal “Me Too” Law Signals End of Forced Arbitration of Sexual Harassment and Assault Claims
A new court ruling serves as a good reminder about the importance of engaging in an interactive dialogue with employees to determine reasonable accommodations for employees with disabilities – including a possible reassignment accommodation – and providing clear and consistent employment decisions. Facts In this case, an employee sued his former employer, alleging that it… Continue reading Court Ruling Reminds Employers to Consider Job Reassignment As a Potential ADA Accommodation
On November 17, 2021, the EEOC updated its COVID-19 technical assistance to include a section covering retaliation. This guidance mostly recaps existing retaliation protections, but it does provide some helpful examples of retaliation springing from the COVID-19 context. Retaliation is consistently one of the most frequently pled claims with the EEOC and corresponding state antidiscrimination… Continue reading EEOC’s Updated COVID-19 Technical Assistance Addresses Retaliation
On January 25, the Occupational Safety and Health Administration (“OSHA”) announced that it was withdrawing its Emergency Temporary Standard (“ETS”), which required that employers with 100 or more employees require their employees to be vaccinated or undergo weekly testing for COVID-19. OSHA’s retreat followed a ruling from the U.S. Supreme Court that sent the case… Continue reading Vaccine Mandates: Where are we now?
Save the date(s)! We have again packaged our usual one-day live seminar into a series of webinars to cover the same variety of topics, but delivered to your desktop in bite-sized sessions. Plan now to join us every Thursday in April for the 2022 Employment Law Institute (Webinar Series). Registrants will receive downloadable materials to… Continue reading Register Now for the 2022 Employment Law Institute (Webinar Series)
Last fall, the Office of Federal Contract Compliance Programs (“OFCCP”) received approval from the Office of Management and Budget (“OMB”) to implement a new online platform — the Affirmative Action Program Verification Interface (“AAP-VI”) — to collect information from covered federal contractors (including covered subcontractors) regarding their affirmative action programs. The proposed AAP-VI consists of… Continue reading New Government Contractor AAP Verification Process Coming?
Today the U.S. Supreme Court issued two rulings related to the Biden Administration’s vaccine mandates for employees of certain businesses. First, the Court blocked OSHA’s implementation of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”) for large businesses and sent the matter to the Sixth Circuit Court of Appeals to reach a decision on… Continue reading Supreme Court Green Lights Vaccine Mandate for CMS; Stalls OSHA