EEOC, DOL Issue 2024 Regulatory Agendas

As part of the Biden administration’s Fall 2023 Regulatory Plan, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Labor (“DOL”) have released their 2024 regulatory agendas. EEOC Regulatory Agenda The EEOC identified nine pending items in its Fall 2023 Regulatory Agenda; five are at the proposed rule stage, and four are at the final rule stage. The EEOC pointed to one item Read More

Israel-Hamas War Sparks Increased Incidents of Antisemitism, Islamophobia

Since the Israel-Hamas war broke out on October 7th, incidents of antisemitism and Islamophobia in the United States have increased dramatically. According to the Anti-Defamation League (“the ADL”), the number of antisemitic incidents has increased 337% since October 7th, which is the highest number in any two months since the ADL began tracking these incidents in 1979. Between October 7th and December 7th, the ADL Read More

Supreme Court’s Affirmative Action Decision Resulting in Shifts in IE&D Programs in the Workplace

Only a few months after the U.S. Supreme Court issued its historic decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, which prohibited affirmative action in higher education, workplace inclusion, equity, and diversity (“IE&D”) programs are feeling the impact. Although the ruling is inapplicable to private employers, companies nonetheless are considering the decision as Read More

Big Labor Victories Likely to Lead to More Organizing in 2024

After big deals were reached in 2023 by the United Auto Workers (UAW) with Ford, General Motors, and Stellantis, and the Teamsters with UPS, big labor is likely to proceed with more labor organizing efforts in 2024. Kaiser Permanente employees also successfully unionized, which could lead to the unionization of other healthcare workers. Currently, the Teamsters are looking to organize nonunion logistics companies and Read More

How to Handle Employee Absenteeism

While employee absences are a part of any workplace, unexcused or chronic absenteeism can quickly become problematic when employers fail to address it. This situation can lower employee morale as other team members must take on additional work, and the lack of staffing can lead to missed deadlines, poor work quality, and an inability to meet incentives or goals. As a result, employers must take concrete steps to Read More

Employers Must Pay Overtime Pay Under FLSA for Known Work Even if Employees Fail to Request It Specifically

The U.S. Court of Appeals for the Second Circuit recently ruled that an employer must compensate an employee for all work that it is aware that an employee performs, regardless of whether the employee requests overtime compensation. Although whether an employee reports overtime work may be relevant to whether an employer is aware that the employee has worked overtime, it does not diminish the responsibility to pay Read More

Former FBI Agent Files Discrimination Claim Alleging Sexual Harassment and Hostile Work Environment

A former FBI agent has filed suit in an Indiana federal court claiming sexual harassment and a hostile work environment while working in the Indianapolis field office. The case is Rachwalski v. Garland et al., case number 1:23-cv-02138, U.S. District Court for the Southern District of Indiana. According to the suit, Alexis Rachwalski worked at the FBI's Indianapolis field office in January 2020. A supervisor made Read More

NJ Hospital Urges State Supreme Court to Overturn $26M Verdict

Valley Hospital recently argued before the New Jersey Supreme Court to overturn a $26 million verdict that a jury awarded the North Jersey Brain and Spine Center (NJBSC) and its 11 neurosurgeons following a four-week trial. According to the hospital, the neurosurgeon group failed to state a claim upon which relief could be granted, and the trial court should have dismissed the case before it ever went to trial before Read More

10th Circuit Seems Wary of Amazon’s Holiday Pay Arguments

A panel of the U.S. Court of Appeals of the Tenth Circuit recently heard oral arguments in a proposed class action lawsuit involving Amazon warehouse workers and the computation of overtime pay. The judges appeared skeptical of Amazon’s arguments against the workers’ claims that their employer wrongfully failed to pay them overtime pay for weeks in which they received holiday incentive pay. The case is Hamilton v. Read More

As COVID Vaccine Injury Lawsuits Increase, Liability Questions Arise

The U.S. Department of Justice (DOJ) has posted an employment ad seeking eight attorneys to work in its Countermeasures Injury Compensation Program (CICP). The LinkedIn ad appeared soon after the filing of a lawsuit in Louisiana last month by six plaintiffs who allege injuries from the COVID-19 vaccine against the federal government. These individuals are seeking to overturn the immunity that the feds granted big Read More