Earlier this afternoon, the U.S. Supreme Court issued a stay blocking the Occupational Health and Safety Administration (“OSHA”) from enforcing its “vaccine or test” mandate previously imposed on businesses with 100 or more employees. This case will return to the Sixth Circuit Court of Appeals for the underlying merits to be litigated.
The stay means
On September 9, 2021, President Biden announced a series of proposals to combat the uptick in the COVID-19 pandemic more aggressively. The Plan outlines six main components, some of which will impose new requirements on employers. Included is a plan for “Vaccinating the Unvaccinated,” a rule that will require private employers with 100 or more
As the Delta variant has caused another wave of COVID cases and hospitalizations, employers are again asking whether they can mandate that their employees become vaccinated against COVID-19 and what other steps should be taken to protect those who are immunocompromised or who remain unvaccinated. Recently, the U.S. Department of Justice (“DOJ”) and the Occupational
The U.S. Department of Labor (“DOL”) released the final version of its highly anticipated Fair Labor Standards Act overtime and minimum wage exemption rule, setting qualifications for exemption at an annual salary of $35,568. The final rule is effective January 1, 2020.
Change is Coming
Under the new rule, the salary level threshold will increase
On August 1, 2019, the United States Senate voted to confirm Attorney Sharon Gustafson as the General Counsel of the Equal Employment Opportunity Commission (“EEOC”) and Obama-era appointee Charlotte Burrows to another four-year term on the Commission. General Counsel Gustafson was sworn into her position today (August 8, 2019).
EEOC Confirms New General Counsel
The
The U.S. Supreme Court ruled unanimously this week that in certain cases federal courts may hear discrimination claims under Title VII of the Civil Rights Act even if the claims were not brought first to the Equal Employment Opportunity Commission or a state administrative agency.
Added Allegations
Employees still generally must bring Title VII discrimination
The U.S. Supreme Court will hear three cases in the next term to determine whether Title VII of the Civil Rights Act protects employees from workplace discrimination based on sexual orientation, gender identity or sex stereotyping.
Federal courts have been divided on whether Title VII protects employees from sex discrimination based on sexual orientation or
Recently, we reported that the Department of Labor (“DOL”) would likely release a new rule addressing the “white collar” overtime exemptions for executive, administrative, and professional workers soon. The DOL released this much anticipated proposed rule on March 7, 2019.
Proposed Changes
Under the proposed rule, the salary level threshold would increase from $455 per
There are 3 significant developments at the National Labor Relations Board (“NLRB”).
NLRB Revises Independent Contractor Test
In late January, the Board overturned the Obama-era test for establishing whether an individual is an employee or independent contractor under the National Labor Relations Act. Under the Obama-era test, the Board ignored whether an individual had entrepreneurial
Employers should be aware of two developments in federal wage and hour law. The U.S. Supreme Court has issued an employer-friendly decision regarding the interpretation of the FLSA exemptions and the U.S. Department of Labor has launched a new program that will allow employers to self-audit and avoid fines for accidental violations of the federal