Articles and Blogs

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published resource documents on two hot topics in the labor and employment world: bathroom access for transgender employees and leaves of absence for disabled workers. The EEOC notes that its resource documents do not create new policy, are not voted on by the Commission and are... READ MORE

On April 5, 2016, a district court in Massachusetts dismissed a Title VII case against a hospital where the employee was terminated for refusing vaccinations on religious grounds. Robinson v. Children’s Hospital Boston, 2016 WL 1337255. While this order is not binding precedent, we wanted to report on this case because vaccination refusal is... READ MORE

In a continuation of legal challenges to seemingly appropriate employer conduct rules, the National Labor Relations Board (“NLRB”), on April 13, 2016, issued another decision that will make employers even more nervous about the legality of their rules that are intended to assure “harmonious interactions and relationships.” Indeed, the NLRB in a 2-to-1 decision,... READ MORE

On Friday, March 18, 2016, CMS released a memo entitled “Payroll-Based Journal (PBJ) – Implementation of required electronic submission of Staffing Data for Long Term Care (LTC) Facilities.” The memo reminds LTC providers that the mandatory PBJ submission period begins July 1, 2016. The memo also contains information on how to register for PBJ reporting and... READ MORE

For over five years, the U.S. Department of Labor has been pondering the issuance of new rules governing “persuader” activities. On  March 24, 2016, the new Persuader Rule was officially published in the Federal Register, is set to become effective on April 25, 2016 and applies to all arrangements, agreements and payments made on or after... READ MORE

On March 11, 2016, the U.S. Department of Homeland Security (“DHS”) published a final rule amending the optional practical training (“OPT”) extension available to F-1 international students in science, technology, engineering and mathematics (“STEM”) fields engaged in a standard 12-month period of OPT. Significantly, beginning May 10, 2016, the STEM OPT extension period will be... READ MORE

We’ve blogged in the past about employees caught sleeping on the job. Most employers would say that an employee who is caught sleeping on the job will usually end up getting fired, and that is usually fine! However, where that employee suffers from a disability or a serious health condition, an employer will need... READ MORE

Starting at the beginning of 2016, the Equal Employment Opportunity Commission (“EEOC”) has changed its procedures when it comes to employer position statements submitted in response to charges of discrimination. Now, the EEOC will release complete employer position statements and attachments to any charging party and their attorney who request release. In the past, the... READ MORE

West Virginia joins 25 other states that have adopted “right to work” laws that prohibit private employers from requiring workers to pay union dues, fees and assessments as a condition of employment. Governor Earl Ray Tomblin (D) initially vetoed the measure, but on February 12, 2016, the West Virginia legislature overrode the governor’s veto.... READ MORE

On February 11, 2016, the Equal Employment Opportunity Office (“EEOC”) released its data for charges and claims litigated in 2015. Below are the highlights. A total of 89,385 workplace discrimination charges were received. More retaliation charges were received than any other type of claim enforced by the EEOC. Retaliation charges constituted almost 45 percent of the total number... READ MORE