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
Texas Federal Judge Strikes Down NLRB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
Oregon Lawmakers Pass Bill to Reduce Redundancies in Family Leave Laws
Governor Tina Kotek is expected to sign the bill into law a bill that would eliminate most qualifying reasons for an employee’s protected leave under the Oregon Family Leave Act (OFLA) that are now covered under the state’s Paid Leave Oregon law.
Cal/OSHA Standards Board to Vote on Indoor Heat Standard on March 21, 2024
The California Occupational Safety and Health Standards Board will vote to adopt the proposed Heat Illness Prevention in Indoor Places of Employment standard at its March 21, 2024, public meeting.
DOJ Official Cites Old West ‘WANTED’ Posters in Announcement of New Whistleblower Monetary Awards Program
On March 7, 2024, Deputy Attorney General Lisa Monaco said that the U.S. Department of Justice (DOJ) will test out a program to pay whistleblowers if they provide information on serious financial crimes and foreign and domestic corruption. The rewards program will be the latest expansion of the DOJ’s voluntary
Texas Federal Judge Strikes Down NRLB’s New Joint-Employer Rule
On March 8, 2024, a judge from the U.S. District Court for the Eastern District of Texas blocked the National Labor Relations Board’s (NLRB) expanded joint-employer rule that would have made it more likely for employers to be deemed joint employers.
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
Colorado’s Guidance on Annual Notice to Employees Regarding Available Income Tax Credits
In November 2023, the Colorado Department of Revenue’s (CDOR) Taxation Division issued guidance containing mandatory language to be included in notices provided to employees regarding available federal and state income tax credits.
OFCCP Proposes Changes to Construction Contractor Scheduling Letter and Contract Award Notification Requirement Form
On February 26, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register, seeking to renew and make changes to its construction compliance review scheduling letter and itemized listing, as well as the Construction Contract Award Notification Requirement Form (CC-314).
Eleventh Circuit Upholds Ruling for Employer on ADA Claims Where Employee Submitted Noncompliant Return-to-Work Letter
On February 7, 2024, in Jones v. Georgia Ports Authority, the U.S. Court of Appeals for the Eleventh Circuit affirmed a district court’s grant of summary judgment for an employer where a former employee who requested an accommodation under the Americans with Disabilities Act (ADA) had failed to provide return-to-work
‘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
Beltway Buzz, March 8, 2024
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business.
Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation
The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme Court of the United States interpretation of constructive discharge claims.
Ohio Supreme Court Rules That Municipalities Could Temporarily Collect Income Tax From Remote Workers During Pandemic
On February 14, 2024, in Schaad v. Alder, the Supreme Court of Ohio upheld the constitutionality of a temporary Ohio law allowing municipalities where a principal place of business was located to collect income tax from individuals working from home outside the municipality during the COVID-19 pandemic. The Ohio Supreme
Medical Marijuana Usage Is Not Protected Under the ADA, Vermont Federal Court Rules
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical marijuana usage was not protected under the ADA (Skoric v. Marble Valley Regional Transit District).