Articles and Blogs

On February 3, 2017, President Donald Trump signed a presidential memorandum addressing the Department of Labor’s (“DOL”) so-called fiduciary rule that will go into effect on April 10, 2017.  Early media reports on February 2 and 3 indicated that the president would delay or suspend the rule. However, he did neither. The presidential memorandum directs... READ MORE

DOL’s Final Rule Blocked On November 22, 2016, a federal district judge in Texas issued a nationwide preliminary injunction preventing the U.S. Department of Labor (“DOL”) from implementing and enforcing its final rule establishing new salary thresholds for millions of traditionally exempt white collar employees.  As we reported in July, that new rule, which... READ MORE

On November 21, the EEOC announced the release of its updated Enforcement Guidance on National Origin Discrimination (“Guidance”), representing the first official guidance on this topic in 14 years. The new Guidance replaces the EEOC Compliance Manual, Volume II, Section 13: National Origin Discrimination, previously published in 2002. The Guidance may be accessed here. The... READ MORE

Have you ever asked or been asked, “What can I put away for retirement this year?” The answer could be different almost every year. Most of the limitations in the Internal Revenue Code are indexed with inflation.  They increase many years but not all. The IRS and Social Security Administration have released the 2017... READ MORE

The Court of Appeals for the Seventh Circuit will rehear a once-dismissed Title VII sexual orientation case, possibly signaling that the Seventh Circuit will change course and read Title VII as prohibiting sexual orientation discrimination. Background Title VII prohibits employment discrimination based on race, color, religion, sex and national origin; the prohibitions apply to... READ MORE

On Friday, September 23, 2016, the EEOC filed a lawsuit against a Pennsylvania health system for allegedly firing six employees who refused flu vaccines. The complaint brings Title VII claims for failure to accommodate sincerely held religious beliefs. Generally, Title VII of the Civil Rights Act of 1964 prohibits most employers from discriminating against employees on... READ MORE

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued New Enforcement Guidance on workplace retaliation (the “Guidance”). The Guidance was influenced by several Supreme Court decisions addressing retaliation under EEOC-enforced laws and a significant increase of retaliation claims found in EEOC charges. In addition to the Guidance, the EEOC issued a question-and-answer reference guide... READ MORE

On May 17, 2016, the U.S. Department of Labor (“DOL”) announced the details of its final rule under the Fair Labor Standards Act, establishing new salary thresholds for millions of traditionally exempt white collar employees effective December 1, 2016. These changes would significantly impact many employers’ budgets in the coming months.  The main points of the new... READ MORE

Since at least 2012, we have written about the NLRB’s focus on employer handbook policies that it considers to be unlawfully overbroad.  You can read about these past developments here.  Overbroad policies can have a chilling effect on employees’ right to engage in concerted activities for their mutual aid and protection.  The NLRB’s pronouncements... READ MORE

On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a final rule (“Final Rule”) amending 29 C.F.R. § 1904.35 to improve tracking of workplace injuries and illnesses. The Final Rule seeks to increase the accuracy of reports by prohibiting retaliation and adverse action against employees that inappropriately deters or discourages employees from reporting... READ MORE