Just before the presidential inauguration, the Occupational Health and Safety Administration (OSHA) of the U.S. Department of Labor (DOL) announced the termination of its COVID-19 healthcare rulemaking. OSHA originally issued an Emergency Temporary Standard on June 21, 2021. The purpose of the standard was to protect workers in healthcare settings from COVID-19. The agency published the Emergency Temporary Read More

Apple disclosed in a proxy statement filing with the U.S. Securities and Exchange Commission (SEC) that the National Center for Public Policy, a conservative think tank, will propose that Apple cease all its diversity, equity, and inclusion (DEI) activities at its upcoming shareholder meeting. In response, Apple advised its shareholders to vote against the proposal, characterizing it as an inappropriate attempt to Read More

Meta has ended its diversity, equity, and inclusion (DEI) programs in its latest moves, seemingly designed to gain favor with the incoming Trump administration. The change comes three days after Meta announced the ending of a fact-checking program, which many believe unfairly and adversely affected conservatives. In announcing the immediate elimination of DEI programs, Janelle Gale, vice president of human Read More

Following Amazon’s return-to-work mandate, about a third of American companies plan to issue a similar mandate that requires employees to spend five days per week in the office. However, one Arizona court case illustrates how forced return-to-office (RTO) policies may not be the best strategy. Bell Road Tire and Auto LLC, d/b/a Big O Tires, implemented a 100% RTO policy for all employees. A disabled employee asked Read More

The U.S. Department of Labor (DOL) has withdrawn a rule relating to the payment of tipped employees under the Fair Labor Standards Act (FLSA). The U.S. Court of Appeals for the Fifth Circuit vacated the 2021 DOL rule in an August 2024 court decision. The now vacated and withdrawn rule, which was known as the “80/20/30,” “80/20,” or “20%” rule, identified three categories of work: Tip-producing work serving Read More

A federal judge in Georgia has denied Sephora’s motion to partially dismiss a former store manager’s discrimination and retaliation suit. Nixaliz Mestre alleges the beauty company fired her after she refused to use a hiring strategy that prioritized white applicants over applicants of color. The case is Mestre v. Sephora USA Inc., case number 1:24-cv-01908, U.S. District Court for the Northern District of Read More

The U.S. Department of Labor (DOL) issued DOL Opinion Letter FMLA2024-01-A on November 8, 2024. The Opinion Letter clarifies that eligible employees may take leave under the Family and Medical Leave Act (FMLA) when “continuing treatment” of a serious health condition includes participation in a clinical trial. The FMLA provides up to 12 weeks of protected leave time for treating serious health conditions and other Read More

The former head of a Dish Network in-house ad agency, Nancy Perales, has filed a sex discrimination suit against the company under Title VII of the Civil Rights Act. She claims that Dish fired her for failing to report sexual harassment to human resources (HR), although male employees received no discipline in similar incidents. Perales attributed her firing to the “boys club” atmosphere among Dish managers. The case Read More

The U.S. Department of Labor (DOL) recently announced its intent to move forward with a rule designed to protect employees with disabilities from receiving substandard wages. The Employment of Workers With Disabilities Under Section 14(c) of the Fair Labor Standards Act would end the practice of issuing new Section 14(c) certificates. These certificates allow employers to legally pay workers with disabilities less Read More

The incoming Trump administration has declared that it intends to conduct the largest mass deportation in U.S. history. As a result, employers, particularly in those industries with an unskilled workforce, should prepare for increased government immigration enforcement in their workplaces. Affected industries may include the agricultural, construction, food processing, hospitality, and manufacturing industries. These Read More