Articles and Blogs

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

In August 2022, in this post, we alerted Michigan employers defending wrongful discharge claims in violation of public policy that internal, as well as external complaints, will suffice to support such claims. In facts stemming from the same case (after remand from the Michigan Supreme Court), Michigan employers should also recognize that wrongful discharge... READ MORE

The Department of Labor’s Wage and Hour Division (the “WHD”) recently issued a new opinion letter on February 9, 2023 – the first opinion letter issued that addresses a question related to the FMLA since 2020. This opinion letter addresses the question of whether an eligible employee with a serious health condition that requires... READ MORE

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently announced that it coordinated with law enforcement partners in launching a multi-state enforcement action dedicated to uncovering a massive fraudulent nursing diploma scheme. Referred to as Operation Nightingale, it has exposed an alleged scheme involving the sale of fake and... READ MORE

*Revised on August 9, 2023 On Monday, August 7, the Equal Employment Opportunity Commission (“EEOC”) issued proposed regulations for the Pregnant Workers Fairness Act (“PWFA”), which will be found here on August 11. Once published, public comment is invited for 60 days. While the regulations could change before being finalized, employers are encouraged to... READ MORE