Newsletters

covid test
Since the early days of the pandemic, the Families First and Coronavirus Aid, Relief, and Economic Security (CARES) Act, laws and regulations have required that group health plans provide first dollar coverage for COVID-19 tests administered under medical supervision.  Recently, the U.S. Departments of Health and Human Services, Labor, and Treasury issued...
person writing, indoors
For many years, the EEOC rules have required employers to file an annual report, known as the EEO-1 or Standard Form 100, in which employers with 100 or more employees submit data on their employees' race, sex and ethnicity by job groups.  The EEOC has announced a tentative deadline of May 17, 2022, for filing the report, a deadline that has previously be...
court room
The U.S. House of Representatives on February 7, 2022, and the U.S. Senate on February 9, passed bills that would prohibit enforcement of contract provisions that mandate third party arbitration of workplace sexual harassment or assault claims.  The measures are bipartisan, introduced by Democrats and Republicans.  The law as passed narrowly pertains to s...
Harvard University, Boston, MA, USA
The former president of the Human Rights Campaign, the country's largest LGBT advocacy group, has sued the organization in federal court alleging that he was underpaid and then terminated "because he is Black" and saying that the group has a "deserved reputation for unequal treatment of its non-White employees."  This may come as a surprise to some to kno...
man waiting inside a building
A number of cities and counties across the country are experimenting with guaranteed income payments, supplementing programs on the federal level.  There are at least 20 such pilot programs currently in existence, designed to study the concept of giving low-income persons money with none of the traditional strings of welfare.  The idea is to gain research...
white robot hand, indoors
More and more employers are using artificial intelligence (AI) in the hiring process, and as a result, the government and civil rights groups are both interested and concerned about the practice.  One might argue that the use of artificial intelligence is helpful in ensuring non-discrimination, since hiring decisions would be unaffected by the personal bi...
end of words on concrete
Suppose an employee tests positive for COVID-19 or asks for leave to quarantine.  One could argue that a worker who tests positive for COVID-19 is a "direct threat" to the workplace because of the contagious nature of the disease.  One could also argue that granting leaves to large numbers of persons creates an "undue hardship" for the employer.  Although...
Doctor with a stethoscope
Let's first review where we are on the vaccination mandate issue.  The U.S. Supreme Court decided in a 6-3 ruling on January 13, 2022 that the Occupational Safety and Health Administration (OSHA) was not empowered by Congress to issue a regulation of such vast significance.  At the same time, the high court in a 5-4 ruling indicated that a separate vaccin...
box on table indoors
Effective December 20, 2021, a new rule in the National Defense Authorization Act took effect in which federal contractors can no longer inquire about an applicant's criminal history before extending a conditional job offer to work on a government contract.  A new federal rule is expected to be issued in the near future to encourage and explain how to com...
number 15 on a brick wall
On November 22, 2021, the Department of Labor's (DOL) Wage and Hour Division issued a final rule implementing President Biden's Executive Order 14026, increasing the Minimum Wage for Federal Contractors, which applies to all workers performing work on or in connection with covered federal contracts.  This minimum wage will increase to $15.00 per hour begi...
covid vaccine viles
On Friday night, December 17, 2021, the Sixth Circuit Court of Appeals in Cincinnati lifted the stay of OSHA's Emergency Temporary Standard (ETS) on mandatory vaccination or weekly testing.  In a 2-1 opinion written by an Obama appointee, and joined in by a Bush appointee, the Sixth Circuit dissolved the nationwide stay previously issued by the Fifth Circ...

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