Articles and Blogs

On August 23, 2016, eight plaintiffs jointly sued the federal Department of Health and Human Services (“HHS”) disputing the definition of the term “sex” in recent HHS regulations implementing the Affordable Care Act’s (“ACA”) non-discrimination provisions. A link to the Complaint is here.  The HHS regulations, which, among other things, protect patients who receive... READ MORE

On August 18, 2016, Judge Sean F. Cox in the U.S. District Court for the Eastern District of Michigan ruled that a funeral home business did not violate the law when it terminated a transgender employee who wished to dress as a woman. This decision is significant because it is one of the first... READ MORE

Protections for pregnant employees has significantly increased in the wake of the Equal Employment Opportunity Commission’s Enforcement Guidance on Pregnancy Discrimination (updated June 25, 2015) and the United States Supreme Court decision in Young v. United Parcel Services, Inc., — U.S. —, 135 S.Ct. 1338 (2015). But what about employees who are not yet... READ MORE

As previously discussed here, the EEOC recently proposed collecting salary information and hours worked data as part of the Employer Information Report (“EEO-1”).  Following a comment period, the EEOC issued on July 14, 2016 an amended Equal Pay Data Rule proposal. The EEOC specified the W-2 box to be used for reporting, changed the... READ MORE

Overruling a precedent established in 2004, the National Labor Relations Board (“NLRB”) has ruled that workers supplied by temporary employment staffing agencies to other employers may be included in a bargaining unit with the employees who are employed only by the other employer.  Until this ruling, a union’s representation of the employees of the... 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. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

Back in April, Hall Render reported that the U.S. Department of Labor (“DOL”) published its so-called “Persuader Rule.” The DOL’s new rule has generated a heated outcry from employer groups and attorneys. Litigation followed and, on June 27, 2016, a federal district court in Texas issued a temporary nationwide injunction, preventing the DOL from enforcing the... READ MORE

For nearly 68 years, the general understanding was that in collective bargaining, both sides have access to weapons in the game of economic warfare. Unions and employees have the right to strike, and employers have the right keep the doors open by replacing the striking employees – either temporarily or permanently. There were exceptions of course. Unions... 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. These changes will significantly impact many employers’ budgets in coming months, although not by as much or as soon as... READ MORE

On May 3, 2016, an administrative law judge struck down an employer’s computer use policy as violating employees’ rights to engage in concerted activity. (CAESARS ENTERTAINMENT CORPORATION d/b/a RIO ALL-SUITES HOTEL AND CASINO and INTERNATIONAL UNION OF PAINTERS AND ALLIED TRADES, DISTRICT COUNCIL 15). This decision comes shortly after the National Labor Relations Board (“NLRB”)... READ MORE