Articles and Blogs

In a 5 to 4 opinion split down ideological lines, the Supreme Court ruled that class and collective action waivers contained in employment arbitration agreements do not violate the National Labor Relations Act (“NLRA”) and must be enforced. This is music to the ears of all employers, especially those that have been the target... READ MORE

The Michigan Civil Rights Commission says it will now act on complaints made by patients, employees and others in Michigan who believe they were discriminated against on the basis of gender identity or sexual orientation. The Commission voted on Monday to consider such discrimination as a form of discrimination prohibited by the Elliott Larsen Civil... READ MORE

A recent decision by the U.S. Court of Appeals for the Sixth Circuit held that volunteers, who do not expect compensation, are not employees under the Fair Labor Standards Act (“FLSA”). In the past, the Sixth Circuit has declined to employ such a bright line test. In Acosta v. Cathedral Buffet, Inc., a church... READ MORE

The National Labor Relations Board (“NLRB”) recently had the opportunity to return to the subject of employer policies restricting nurses and other employees from wearing pro-union insignia in the workplace. The Rules The NLRB decision focused on two policies, which were challenged by their employees. The first policy, dealing with appropriate dress and grooming, applied to... READ MORE

The Department of Labor’s Wage and Hour Division recently issued three new opinion letters, the first new opinion letters published since 2010. Opinion letters are, according to the Department of Labor, “an official, written opinion by the Wage and Hour Division of how a particular law applies in specific circumstances presented by an employer,... READ MORE

NATIONAL Joint Commission wants increased focus on workplace violence in healthcare Health IT Trade Groups Push CMS for MIPS 90-Day Reporting Period HHS auditors seek industry input on meshing cybersecurity needs with HIPAA compliance AAOS raises major concerns over BPCI Advanced model Hospitals and device makers still struggle to rid medical scopes of infectious... READ MORE

A critical element in any claim for retaliation under the False Claims Act is an adverse employment action. Most commonly, FCA retaliation claims rest on an employee’s involuntary termination due to lawful actions taken by the employee in reporting or opposing the submission of false claims to the government. In certain cases, an employee... READ MORE

On February 22, 2018, U.S. Citizenship and Immigration Services (“USCIS”) published a policy memorandum clarifying existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites. Effective immediately, the new guidance aligns with President Trump’s Buy American and Hire American Executive Order and the directive... READ MORE

More and more, we receive questions from clients about their obligations to accommodate pregnant employees in the workplace. Regardless of whether or not the pregnant employee is disabled as defined by the Americans with Disabilities Act (“ADA”), employers must consider whether pregnancy discrimination laws require an accommodation, including whether pregnant employees are entitled to... READ MORE

Earlier this month, OFCCP mailed 1,000 letters to unlucky companies notifying them that they are on the agency’s “to be audited” list. Known as Corporate Scheduling Announcement Letters (“CSALs”), the letters are provided as a courtesy in the hope that the company will be better prepared for the compliance review that is soon to follow.... READ MORE