Publications by Jonathon A. Rabin

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DEI Scrutiny Update: DOJ Issues Guidance on Anti-Discrimination Obligations for Federal Funding Recipients 

[08/08/25]

Tenth Circuit Applies “Some Harm” Standard in ADA Termination Case Involving Mandatory Mental Health Counseling 

[07/24/25]

"As Executive Branch Scrutiny of DEI Programs Intensifies, Companies Must Assess All Aspects of Their Policies and Business Practices to Ensure Compliance with Civil Rights Laws." Journal of Health Care Compliance/Wolters Kluwer, July-August 2025.

[07/22/2025]

As Executive Branch Scrutiny of DEI Programs Intensifies, Companies Must Assess All Aspects of Their Policies and Business Practices to Ensure Compliance with Civil Rights Laws

[06/05/25]

Federal Judge Vacates EEOC Guidelines on Sexual Orientation and Gender Identity

[06/02/25]

Skilled Nursing Facility Employee Loses Appeal: A Closer Look at the Fact-Specific Considerations in a Pretext Analysis

[03/10/25]

Is a Voluntary Dismissal Without Prejudice Final? SCOTUS Weighs In

[02/28/25]

Is a Job Transfer an Actionable Form of Discrimination Under Title VII?

[04/17/24]

False Claims Act Retaliation Decision Calls into Question the Heightened Burden for Employees Whose Duties Include Compliance and Fraud Investigation

[11/21/23]

Religious For-Profit Employer Prevails in a Conflict Between Title VII and Its Own Religious Beliefs

[08/02/23]

What Will Expiration of the Public Health Emergency and National Emergency Mean for Employers? 

[05/02/23]

Federal Law Takes Aim at Predispute Nondisclosure and Nondisparagement Clauses in Sexual Harassment and Sexual Assault Disputes 

[11/17/22]

Protected Activity Under the FCA Requires Both a Subjectively and an Objectively Reasonable Belief of Fraud

[09/12/22]

The Dobbs Decision on Abortion Brings Employee Speech and Employee Benefits Issues Front and Center

[06/30/22]

Three Big Health Care Employment and Labor Legal Issues to Watch

[06/20/22]

Supreme Court Upholds CMS’s Vaccine Rule, Blocks OSHA Vaccine-or-Test Rule

[01/14/22]

OSHA Largely Withdraws Its Healthcare ETS: What Does It Mean?

[12/28/21]

OSHA Vaccine Mandate Back in Play – Supreme Court to Now Hold Hearing

[12/21/21]

A Patchwork of Injunctions and Other Rulings on the CMS Vaccine Mandate: Where Do We Stand?

[12/16/21]

Federal Court Enjoins CMS Vaccine Mandate Nationwide – And Other Vaccine News

[12/01/21]

Vaccine Mandate from CMS Faces First Legal Challenge

[11/12/21]

Does the False Claims Act Prohibit Retaliation After Employment Ends?

[04/02/21]

New OSHA Enforcement Efforts Target Health Care Employers

[03/30/21]

Revised DOL Rule Means More Health Care Workers Eligible for Paid Leave Under FFCRA

[09/14/20]

New York District Court Vacates Portions of DOL’s Families First Coronavirus Response Act Rule

[08/05/20]

Eleventh Circuit Confirms that Religious Accommodations Are a Two-Way Street

[06/19/20]

Paid Sick Leave: DOL’s Temporary Regulations for FFCRA

[04/06/20]

DOL Releases New Q&A Providing Significant Guidance: A Big Relief for Health Care Employers as “Health Care Providers” and “Emergency Responders” Defined Broadly

[03/30/20]

DOL Releases Documents on Enforcement Moratorium: Families First Coronavirus Response Act Now Effective April 1, 2020

[03/26/20]

EEOC Updates ADA Guidance for Employers During COVID-19 Pandemic

[03/23/20]

Groundbreaking Paid Sick Leave Bill Becomes Law

[03/19/20]

Groundbreaking Paid Sick Leave Bill Adopted by the U.S. House of Representatives (HR 6201): Will It Become Law?

[03/16/20]

NLRB Issues New Joint Employer Rule: How Are Some Hospitals and Health Systems Impacted?

[03/02/20]

EEOC Reverses 22-Year-Old Policy on Binding Arbitration of Discrimination Disputes

[12/20/19]

Judicial Approval Not Needed for Accepted Offers of Judgment in Fair Labor Standards Act Cases

[12/16/19]

Sixth Circuit Rules “Smoking Gun” Email May Show Employee “Regarded As” Disabled Was Fired Under False Pretext

[11/21/19]

CMS’s Reach May Be Limited in Bankruptcy Proceedings

[09/17/19]

Can Individuals and Hospitals Sue Wrongdoers Under the Medicare Secondary Payer Act?

[09/17/19]

New Illinois Legislation Legalizing Recreational Marijuana Use and What This Means for Employers

[07/15/19]

A Marijuana Wake-Up Call on Accommodating Employees with Disabilities

[04/15/19]

Claims of Sexual Assault and Sexual Harassment in Employment Not Subject to Arbitration – At Least in One Case

[03/18/19]

State of Michigan Amends Paid Sick Leave Law

[03/04/19]

Michigan’s Adult-Use Recreational Marijuana Law Takes Effect

[01/04/19]

State of Michigan Adopts Paid Sick Leave Law

[09/24/18]

Hostile Work Environments Can Be Created by Patients and Other Third Parties, Too

[07/24/18]

Michigan Hospitals and Employers May Now Face Discrimination Complaints Based on Gender Identity and Sexual Orientation

[05/22/18]

Volunteers Are Really Volunteers!

[05/17/18]

“Constructive Discharge” Retaliation Claims Under the False Claims Act: What Form of Intent Must the Employer Have?

[04/09/18]

Texas Court Issues Nationwide Preliminary Injunction Against Expansion of Overtime

[11/23/16]

Employment Law Briefing – November/December 2016

[11/01/16]

Court Strikes Allegations Whistleblower Learned Through Discovery and Dismisses Claims

[10/21/16]

Employment Law Briefing – September/October 2016

[09/01/16]

Transgender Employee’s EEOC Claim Against Religious Employer Dismissed Under Religious Freedom Restoration Act

[08/19/16]

Discrimination in Federally Funded Health Care Programs – Part III: HHS New Regulations Regarding Equal Access for Individuals with Disability Under Section 1557 of the Affordable Care Act

[08/02/16]

Increases in Salary Thresholds Under the FLSA Portend Overtime for Millions of Traditionally Exempt Employees

[07/05/16]

Defend Trade Secrets Act of 2016: Promoting Uniformity and How an Employer Can Obtain Heightened Damages for Unlawful Trade Secret Disclosures

[07/05/16]

Employment Law Briefing – July/August 2016

[07/01/16]

Final Rule Prohibiting Discrimination in Federally Funded Health Care Programs – Part II: Equity in Communication

[06/13/16]

HHS Final Rule on Nondiscrimination in Health Programs and Activities – Part I: Sex Discrimination

[05/27/16]

Increases in Salary Thresholds Under the FLSA Portend Overtime for Millions of Traditionally Exempt Employees

[05/18/16]

EEOC Resource Documents on Transgender Employee Bathroom Access and Leaves of Absence for Employees with Disabilities

[05/12/16]

Long-Term Care Facilities Face Compliance Deadline – Five Things to Know About the Mandatory Payroll Based Journal Reporting

[04/05/16]

Using “Unpaid” Interns Serves as a $1.34 Million Lesson for Employers

[10/27/15]

EEOC’s Obligation to Conciliate – the Courts Are Now Watching

[05/12/15]

Medical Marijuana – Unemployment Benefits in Michigan

[10/28/14]

The Employer “Pay-or-Play” Mandate Approaches

[09/02/14]

Title VII Protects Nursing Moms in the Workplace

[06/14/13]

“Deleting” Evidence – What a Jury Must Think

[06/05/13]

Common Employee Handbook Provisions Under NLRB Attack

[01/21/13]

The Flu and Mandatory Flu Shots – The Employer’s Dilemma

[01/11/13]

Michigan’s New “Internet Privacy Protection Act”

[01/02/13]

“Dude, Where’s My Job?” The Sixth Circuit Court of Appeals Rejects Employee’s Claim for Protection Under Medical Marijuana Law

[09/24/12]

Statistics Tell Us What the EEOC Is Doing These Days

[07/16/12]

Social Media Policies – NLRB General Counsel Says What’s “Lawful” and What’s Not

[06/07/12]

Arrest and Conviction Records – EEOC Takes a Stand

[04/30/12]

NLRB Notice Posting Rule Is Enjoined by Federal Appeals Court

[04/17/12]

Regular and Dependable Attendance Is an Essential Job Function for a Nurse

[04/17/12]

Right to Work Becomes Law in Indiana

[02/01/12]

Indiana’s Right-to-Work Battle Heats Up

[01/09/12]

Employment Law Briefing – September/October 2011

[09/01/11]