Fifth Circuit to Reconsider Federal Employee Vaccine Requirement Challenge

The U.S. Court of Appeals for the Fifth Circuit has agreed to reconsider an April panel decision of the court that would have allowed President Biden’s executive order, requiring COVID-19 vaccinations for federal employees, to go into effect. After the April panel decision gave the Biden administration to implement the executive order starting in May, the challengers’ request for rehearing en banc, or before the full Read More

DOL Plans to Release Proposed Overtime Rule in Fall 2022

The U.S. Department of Labor (DOL) recently published its spring regulatory agenda containing a tentative date of October 2022 for a proposed overtime rule. The proposed rule will advise businesses on implementing the exemption of bona fide executive, administrative, and professional employees from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). Although the specifics of the Read More

State Health Plan Violates Title VII in Barring Transgender Care

A federal district court judge in North Carolina has ruled that the North Carolina State Health Plan for Teachers and State Employees constitutes sex discrimination under Title VII of the Civil Rights Act and the U.S. Constitution in barring coverage for treatment related to gender dysphoria and transition. In her ruling, U.S. District Court Judge Loretta Biggs permanently enjoined the state health plan from Read More

New Florida Law Protects Employers That Aid Independent Contractors in Emergencies from Misclassification Claims

Florida employers that utilize independent contractors now can assist them during declared emergencies without fear of employee misclassification claims. Florida Governor Ron DeSantis recently signed Senate Bill 542 into law, which offers legal protection for businesses in this situation. The law prevents employers' actions concerning their independent contractors from being used as evidence to establish an Read More

Cal/OSHA Releases Revised Draft of Workplace Violence Prevention Regulation

The California Division of Occupational Safety and Health (Cal/OSHA) released a revised workplace violence prevention regulation draft. If Cal/OSHA adopted the regulation, it would become a part of the General Industry Safety Order (GISO) of the California Code of Regulations. Cal/OSHA seeks interested parties to submit written comments on the draft no later than July 18, 2022. Changes to Definitions Some of Read More

Officer’s Retaliation, Discrimination Claims Dismissed

In See v. Illinois Gaming Board, No. 19-2392 (March 21, 2022), the U.S. Court of the Appeals for the 7th Circuit upheld the lower court’s grant of summary judgment to the Illinois Gaming Board on a former law enforcement officer’s claims of First Amendment retaliation or disability discrimination. The gaming board had placed the officer on administrative leave after he showed signs of paranoia and other irrational Read More

A ‘Historic’ Moment: US Soccer to Pay Men and Women Equally

Following a year-long campaign for equal pay, the U.S. women's national soccer team (USWNT) has entered into new collective bargaining agreements under which all members will receive the same pay as members of the men's national soccer team (USMNT). The agreements went into effect June 2, 2022, and they will remain valid through 2028.  Aside from the gender pay equity provisions, the agreements provide that the Read More

FMLA Leave for Mental Health Conditions: What Employers Need to Know

As more and more employees contend with mental health conditions that impact their ability to work, employers should be aware of the availability of leave under the Family and Medical Leave Act (FMLA) for these employees. The U.S. Department of Labor (DOL) recently issued guidance in Fact Sheet #280 and a set of FAQs concerning situations involving mental health conditions that can trigger FMLA leave. Generally, Read More

EEOC Adds “X” Nonbinary Gender Marker to Intake Process

  The Equal Employment Opportunity Commission (EEOC) announced that it has fully implemented the opportunity for individuals to select the nonbinary gender marker "X" when completing intake forms for filing a charge of discrimination. Individuals can choose "X" as an option at two critical stages of the process of filing a charge of discrimination, as follows: “X” is now an option to choose in response Read More

7th Circuit Rules that Discouraging Employee from Taking Leave Can Violate FMLA Rights

A unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that an individual may still have a cognizable civil rights lawsuit even if his employer merely discouraged him, rather than formally denied him, from taking leave under the Family and Medical Leave Act (FMLA). In its lengthy opinion, the court clarified that workers need only show that their employers interfered with their Read More