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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.”

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.

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.

Employment Alert – No More COVID-19 Vaccination Mandates in Texas

Private employers in Texas cannot require applicants, contractors, or employees to be vaccinated against COVID-19.

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.

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.

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.

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.

Employment Alert – A Federal District Court Calls Timeout — CMS’s Interim Final Rule Subject to a Nationwide Injunction

Less than a month ago, CMS issued its Interim Final Rule, which requires all staff to be vaccinated against COVID-19. But, as with OSHA's ETS, litigation challenging the CMS Rule ramped up over the last month. That litigation came to a head this week with two federal district court rulings.

Employment Alert – Department of Labor Issues Final Rule on Tipped Duties

On October 29, 2021, the Department of Labor (“DOL”) published another final rule regarding wages for tipped employees.

Employment Alert – Equal Employment Opportunity Commission Updates Guidance on COVID-19 and Religious Accommodations

The EEOC’s updated guidance likely stems from the growing number of religious-accommodation requests that employers are fielding due to the Occupational Safety and Health Administration’s impending Emergency Temporary Standard and other company-specific policies taking effect.