Archive for June 2023
Numerous Employment Law Developments to Be Aware Of
As the first half of the year draws to a close, we take this opportunity to provide a summary of recent developments. If you have any questions about these or other developments, please don’t hesitate to contact a member of our organization for advice. REMINDER: EXPANDED PROTECTIONS FOR PREGNANT AND NURSING EMPLOYEES On June 27,…
Read MorePregnant Workers Fairness Act Requires Employers to Provide Reasonable Accommodations Effective June 27
Go-To Guide: The PWFA goes into effect on June 27, 2023, and the EEOC will start accepting PWFA charges the same day. Employers are required to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. The federal Pregnant Workers Fairness Act (PWFA or the Act) will take effect June 27,…
Read MoreEmployment Law Developments Coming Soon to a Manufacturing Facility Near You
Every year, some developments in employment law have greater potential to affect the manufacturing industry than others. Thus far in 2023, possible changes to the salary threshold under the Fair Labor Standards Act (FLSA) and changes to the independent contractor classification are among the developments manufacturing employers should watch. FLSA Salary Threshold It is anticipated…
Read MoreNLRB Revamps Trump-Era Independent Contractor Standard
On June 13, the National Labor Relations Board (NLRB) overruled its 2019 Trump–era decision, which previously set forth an independent contractor test with “entrepreneurial opportunity” as the core factor. Instead, the Board is returning to its 2014 Obama-era independent contractor test where entrepreneurial opportunity was just one of many factors to be considered, likely broadening…
Read MoreThe DOL Has a New Website to Provide Workplace Mental Health Resources
Mental health issues have become increasingly prevalent in the workplace. In recognition of Mental Health Awareness Month, the U.S. Department of Labor has announced a new website with resources to assist employers in legal compliance and in creating supportive workplaces. Specifically as to employers’ obligations under the law, the website contains links to a factsheet…
Read MoreHow to Avoid a Workplace Retaliation Claim
While human resource professionals know the importance of following workplace anti-discrimination laws, they also must ensure that employees who report discrimination do not face retaliation for having done so. The reason for this is simple: The most common type of claim filed with the U.S. Equal Employment Opportunity Commission (EEOC) is retaliation. More than half…
Read MoreInterpretation of an Interpreter Request? 11th Circuit Weighs in on Accommodation of Deaf Employee
Your employee requests a reasonable accommodation under the Americans with Disabilities Act (ADA) but you refuse to grant it. If the employee continues to perform their job, can the employee still sue you for refusing the accommodation? In Beasley v. O’Reilly Auto Parts, the 11th Circuit says yes, but clarifies that an employee must show…
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