Articles and Blogs

As fall begins in many parts of the country and cooler temperatures move in, so do a range of new employment laws and proposed regulations. Some of these changes include a new employer work rules standard recently adopted by the National Labor Relations Board (“NLRB”), a long‑awaited guidance update on workplace harassment from the... READ MORE

In August 2023, the full Fifth Circuit joined the Sixth and D.C. Circuits in broadening the kinds of employment actions capable of supporting a Title VII claim. Traditionally in the Fifth Circuit as elsewhere, Title VII actions have been limited to “ultimate employment decisions”, typically involving hiring or firing. In Hamilton v. Dallas County,... READ MORE

U.S. Citizenship and Immigration Services (“USCIS”) has announced a new version of Form I-9, Employment Eligibility Verification, that is available for use beginning August 1, 2023. The prior version of Form I-9 continues to be effective through October 31, 2023. Additionally, USCIS has announced the authorization of an optional alternative procedure to the in-person... READ MORE

The Fifth Circuit Court of Appeals (the “Fifth Circuit”) rendered a significant decision recently in Braidwood Management, Inc. v. Equal Employment Opportunity Commission. This decision has garnered attention and sparked discussions due to its potential implications for religious freedom, employment law and the rights of individuals in the workplace. Background In Braidwood, the plaintiff was a... READ MORE

On June 29, 2023, the U.S. Supreme Court decided Groff v. DeJoy. The Court’s ruling “clarified” the “undue hardship” standard that an employer must establish to deny a religious accommodation under Title VII of the Civil Rights Act of 1964 (“Title VII”). Before this decision, the undue hardship standard provided that an employer could... READ MORE

The Department of Labor’s Wage and Hour Division (the “WHD”) recently issued an opinion letter on May 30, 2023. This opinion letter clarifies how to calculate the amount of leave used under the Family and Medical Leave Act (“FMLA”) when an employee takes FMLA leave for less than a full week during a week... READ MORE

The Indiana General Assembly recently passed Senate Enrolled Act 7 (“SEA 7”), which will further restrict the enforceability of non-compete agreements between health care employers and their physician employees. After Governor Holcomb’s expected signature, SEA 7 will go into effect on July 1, 2023. This is not the first time the Indiana legislature has... READ MORE

As the COVID-19 pandemic took its toll, the year 2020 ushered in declarations of a National Emergency (“NE”) and a Public Health Emergency (“PHE”). The PHE is set to expire on May 11, 2023. In addition, H.J. Res. 7 was signed by President Biden on April 10, which ends the NE on May 11,... READ MORE

It’s time to reexamine the conventional wisdom that “not a good fit” should never be used to justify termination of employment, but only if that negative conclusion about the employee is sufficiently corroborated and is not a subterfuge for an employer’s unlawful motivation. A federal court of appeals just ruled that telling an employee... READ MORE

On February 21, 2023, the National Labor Relations Board (“Board” or “NLRB”) released a decision stating that an employer violates Section 8(a)(1) of the National Labor Relations Act (“Act” or “NLRA”) when it “proffers a severance agreement with provisions that would restrict employees’ exercise of their NLRA rights.” In particular, this opinion focused on... READ MORE