Articles and Blogs

The Sixth Circuit Court of Appeals (“the Court”) recently affirmed the dismissal of a nursing student intern’s lawsuit alleging disability discrimination and failure to accommodate claims. The Court opined that the plaintiff in this action failed to establish an intentional discrimination claim against Hurley Medical Center (“Hurley”) and that Hurley did not fail to... READ MORE

The United States District Court for the Eastern District of Wisconsin recently issued a decision involving protections for employees whose jobs involve the investigation of fraud. The case, brought under the anti-retaliation provision of the False Claims Act (“FCA”), is available here. Since 2009, the FCA’s anti-retaliation provision,(codified at 31 U.S.C. § 3730(h)(1)), has provided... READ MORE

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