Articles and Blogs

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

Employers rightfully rejoiced last summer when they learned they would not be required to include pay data on their 2017 EEO-1 report. Indeed, as we reported last August, that new and controversial requirement has been put on hold—perhaps forever. But, covered employers are still required to report workforce race/ethnicity and gender information by job category. The deadline... READ MORE

On January 19, 2018, in Manitowoc Co., Inc. v. Lanning, the Wisconsin Supreme Court ruled that a non-solicitation of employees (“NSE”) clause in an employment contract was covered by the state’s statute limiting the enforceability of covenants not to compete between employers and their employees. The court upheld a lower court decision, which Hall... READ MORE

On January 5, 2018, the Department of Labor (“DOL”) adopted a new test to determine when interns in the for-profit private sector can be excluded from minimum wage and overtime requirements under the Fair Labor Standards Act (“FLSA”) and issued a revised Fact Sheet (Fact Sheet #71: Internship Programs Under The Fair Labor Standards... READ MORE

Fresh off the 75th Annual Golden Globes Awards, which took place on January 7, mainstream and social media alike are abuzz with Oprah Winfrey’s historic acceptance of the Cecil B. DeMille Award. Winfrey, the first black woman to receive the prestigious award, brought the crowd to its feet on several occasions during her emotional acceptance... READ MORE

The National Labor Relations Board (“NLRB”) recently shifted to a Republican majority when President Trump’s two nominations to the Board were confirmed. Additionally, the president’s nomination for general counsel of the NLRB, a former management-side labor law attorney, was sworn in on November 17, 2017. The new Board has hit the ground running and has... READ MORE

In the wake of the salacious Harvey Weinstein allegations, the topic of sexual harassment is making the headlines…again. The Weinstein story followed right on the heels of the various (and seemingly ongoing) harassment-related woes of Fox News, which, in turn, followed on the heels of the developments that came to light on the presidential... READ MORE