On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity, equity, and inclusion (DEI) concepts, as unconstitutional under the First Amendment of
Articles Discussing Human Resources And Other Workplace Topics.
Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs
A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.1 While the court’s decision does not apply to private businesses that may encourage supplier diversity as part of a holistic inclusion, equity and diversity (IE&D)
Investigations Gone Wild!
In this episode, Jen reveals the biggest mistakes employers make in conducting investigations.
Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions
On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining enforcement of the National Collegiate Athletic Association’s (NCAA) Name, Image, and Likeness (NIL) recruiting ban with respect to
Independent Contractor Rule Takes Effect, But Legal Challenges Mount
The U.S. Department of Labor (DOL) final rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect March 11, 2024. The fate of the rule is uncertain, however, as it faces several legal challenges that could
Timekeeping Tips in Honor of Daylight Saving Time
For reasons that we will never quite understand, daylight saving time is once again upon us. In the spirit of mourning the hour all lost this weekend, here are our top 10 timekeeping tips for employers:
‘Spring Forward, Fall Back’ Doesn’t Have to Mean Workplace Falls
On Sunday, March 10, 2024, people in most states will turn back their clocks one hour at 2:00 a.m., marking the start of daylight saving time, which is meant to allow people to take advantage of more daylight. However, the seasonal changing of the clocks for daylight saving time can
President’s Executive Order Seeks to Protect Certain “Bulk Sensitive Personal Data” from “Countries of Concern”
On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:
How Artificial Intelligence Tools Can Increase Diversity
Artificial intelligence (AI) continues to dominate headlines and even the most recent Super Bowl advertisements. The use of AI in the workplace is rapidly expanding in a wide variety of ways throughout the hiring process, including scanning and filtering resumes and AI-driven video interviews to assess candidates. If appropriately designed
Littler Lightbulb: February Appellate Roundup
This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
At the Supreme Court
Dear Littler: What employment law concerns should my organization be considering in response to adverse weather events?
Dear Littler: What employment law concerns should my organization be considering in response to adverse weather events?
Great question! Here are key issues likely to affect employers in the aftermath of these types of unfortunate occurrences:
First, be aware of applicable leaves of absences. Employees may be entitled to certain
What Employers Should Know About the Latest CDC COVID-19 Guidance
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including from no mask, to mask, to no mask. On March 1, 2024, the CDC changed the
Federal District Court Rules Corporate Transparency Act Unconstitutional
Employers Urged To Revisit Existing Privacy Policies Following Executive Order Mandating Protection Of Sensitive Personal Data
President Biden issued an Executive Order on February 28, 2024 to prevent access to U.S. Citizens’ sensitive personal
Exemptions Go to the “Bread” Winners!
Many of you probably have heard about the FAST Act. We can’t resist responding when employment law makes headlines, so below we dig into the FAST Act and its exemptions, and also explore the common link between legislative exemptions and well-funded lobbying groups.