Pensions Sue Fox Over False Reporting Creating Risk of Defamation Suits

Pension funds for New York City and Oregon state have sued Fox Corp. and its board of directors in Delaware State Court, claiming that they promoted false reporting, thus inviting defamation suits, to the detriment of shareholders. According to the pension funds’ complaint, Fox News fails to ensure that its political narrative broadcasts are based on facts or credible sources. Unlike other media companies, it Read More

DC Circ. Reviews NLRB Order in Rite Aid Labor Violation Dispute

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit recently heard oral arguments over whether the National Labor Relations Board (NLRB) properly found that Rite Aid violated labor laws in unilaterally imposing a bargaining proposal concerning employee health care coverage. The appellate court also considered whether the NLRB acted appropriately in ordering Rite Aid to contribute to a union’s health Read More

DOL Proposes New FLSA Overtime Salary Threshold

The U.S. Department of Labor (DOL) has proposed increasing the annual salary threshold for white collar employee exemptions to overtime under the Fair Labor Standards Act (FLSA). Under the DOL proposal, the overtime salary threshold would increase from $35,568 to $55,068, with automatic increases every three years. The revised standard would apply to all fifty states and U.S. territories, except American Read More

EEOC Adopts Strategic Plan for Fiscal Years 2022 – 2026

The U.S. Equal Employment Opportunity Commission (EEOC) has announced the adoption of its strategic plan to cover fiscal years 2022 – 2026. The main focus of the new strategic plan is to increase public access to the EEOC and increase resources for agency investigations. In its strategic plan, the EEOC plans to devote additional resources to training staff to identify, investigate, and enforce systemic Read More

PWFA Proposed Regulations Published

President Joe Biden signed the Pregnant Workers Fairness Act (PWFA) into law at the end of 2022. The law requires employers with fifteen or more employees to provide reasonable accommodations to qualified workers or applicants with known limitations related to pregnancy, childbirth, or related medical conditions. The provisions in the law build and expand upon Title VII of the Civil Rights Act and the Americans with Read More

EEOC Settles Landmark AI Discrimination Workplace Suit

The U.S. Equal Employment Opportunity Commission (EEOC) has settled its first discrimination lawsuit involving artificial intelligence (AI) in a New York federal district court. The EEOC and iTutorGroup filed a joint settlement, which provides that the tutoring company will pay $365,000 to resolve the charges against it. The EEOC alleged that iTutor’s AI hiring selection tool illegally screened out female applicants Read More

State Bans on Affirmative Action and the Impact on Corporate DE&I Programs

When the U.S. Supreme Court issued its recent decision striking down affirmative action in colleges and universities, workplace researchers forecast the quick demise of corporate diversity, equity, and inclusion (DE&I) programs. Their fears were realistic; a 2013 Harvard University study shows that racial diversity in the workplace significantly declined after several states outlawed affirmative action in college Read More

The Meaning of ‘Woke’

In the three years since George Floyd’s death, systemic oppression, police brutality, racism, and workplace discrimination have come to the forefront of our collective consciousness. This era of heightened awareness has given rise to social movements, diversity, equity, and inclusion (DE&I) programs in the workplace, and the concept of “wokeness” – or awareness of systemic issues related to race, gender, and Read More

Proposed Regulations for Pregnant Workers Fairness Act Issued

The U.S. Equal Employment Opportunity Commission (EEOC) published proposed rules to implement the Pregnant Workers Fairness Act (PWFA) on August 11, 2023. The EEOC will accept public comments on the rules through October 10, 2023, and it is specifically seeking comments on other possible accommodations and the costs of accommodations. The PWFA, which went into effect on June 27, 2023, expands protections for Read More

NLRB Shifts Balance Toward Employee Rights When Assessing Lawfulness of Employer Rules

The National Labor Relations Board (NLRB) recently announced a decision in Stericycle Inc., in which it adopted a new standard for evaluating the legality of employer policies under Section 8(a)(1) of the National Labor Relations Act (NLRA). In its ruling, the NLRB overruled its previous decisions in Boeing Co. (2017) and LA Specialty Produce Co. (2019), in which it had articulated a different standard. The NLRB Read More