Trump Regulation Requiring EEOC to Conciliate Rescinded

01 October 2021 | October 2021

The current administration has moved rapidly to eliminate the Trump administrators, even during the terms of their employment, and to eliminate administrative rules and guidance issued by the prior administration. The most recent example is an EEOC regulation issued during the Trump Administration that required the EEOC to give employers far more informa...

Port-au-Prince, Haiti - Outdoors, houses on the hillside

TDPP Extended for Six Countries

01 October 2021 | October 2021

More than 400,000 citizens of six foreign countries who live and work in the U.S. under Temporary Protected Status (TPS) are able to stay for at least another year. The countries under the temporary deportation protection program include El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. There will be an automatic extension until December 31, 202...

a group of people protesting outdoors, with jackets in the cold

Issues Related to Safety and Work-related Issues, Pertaining to Walk-outs, Sit-ins, Protests, Etc

01 October 2021 | October 2021

The current situation is an appropriate time to remind employers of their obligations under federal laws dealing with not only safety protests, but any protests remotely relating to wages, hours, and terms and conditions of employment. The National Labor Relations Act protects employees from adverse action from employers for "union or other concerted act...

Covid Vaccine Clinic, Parking Sign, Outdoors

Biden Issues Executive Order Attempting to Require Covid Vaccination & Testing

01 October 2021 | October 2021

In what many consider President Biden's most bold move regarding COVID-19, he issued an Executive Order on September 9, 2021 in an effort to require that federal employees, federal contractors, and large employers of 100 or more employees require their employees to be vaccinated. The Executive Order is unprecedented as never before has the government iss...

Supreme Court Again Upholds Affordable Care Act

09 August 2021 | August 2021

California v. Texas, the Supreme Court has again upheld the provisions of the Affordable Care Act (ACA), often known as ObamaCare. A federal appeals court had ruled that ACA had originally been upheld by the Court as a tax, but subsequent legislation removed the tax penalty thus casting doubt on the validity of the individual mandate and perhaps the entir...

No-match Social Security Letters Discontinued

09 August 2021 | August 2021

In the past, the Social Security Administration (SSA) during periods of time has issued so-called "no-match letters" to employers with "at least one name and combination submitted on Form W-2 that do not "match" Social Security records. This has created difficult issues for employers as to the extent they must investigate such discrepancies, terminate emp...

Supreme Court Allows Catholic Group to Exclude Foster-care Rights

09 August 2021 | August 2021

The public and the courts continue to debate whether there should be religious exemptions to LGBT anti-discrimination laws. In other words, there are anti-bias laws that must be enforced, and at the same time there are religious rights that under the law generally require some accommodation. When these two issues collide, the outcome becomes difficult.

EEOC Addresses Controversial LGBT Restroom Policies

09 August 2021 | August 2021

A year ago the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII outlawed workplace bias based on sexual orientation and transgender status. However, that ruling expressly left open questions on whether employers could segregate bathrooms or dress codes by sex.

Labor Board to Reconsider Employer Restrictions on Wearing Buttons and Other Insignia in the Workplace

09 August 2021 | August 2021

Many employers do not like the idea of employees wearing pro-union shirts or buttons on the job. In the past, however, and particularly during the Obama Administration, the National Labor Relations Board (NLRB) gave employees a great deal of rights to wear union buttons and other buttons pertaining to concerted activities. More current issues concern the ...

monopoly houses on a wooden table indoors

Supreme Court Rejects Union Access to Employer's Property in California

09 August 2021 | August 2021

A strong ruling for employers' private property rights was issued by the U.S. Supreme Court in June in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021). The Court ruled that a California regulation that gives union organizers access to workers on employers' farms violates the property rights of the owners. Chief Justice Roberts wrote the 6-3 majo...

EEO-1 Report including Diversity Now Due in August

06 July 2021 | July 2021

The Equal Employment Opportunity Commission (EEOC) has pushed back the deadline for the EEO-1 Report. This is the annual survey that employers with more than 100 workers, and federal contractors with more than 50 workers, are required to submit annually. The race, sex, ethnicity, and job data is now due by August 23, 2021. The previous d...

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