On August 9, 2024, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s grant of summary judgment in favor of the U.S. Environmental Protection Agency (EPA) on an employee’s failure-to-accommodate claims under the federal Rehabilitation Act of 1973.
Supreme Court to Determine Whether Retirees Can Claim Disability Discrimination in Benefits
The Supreme Court of the United States has agreed to hear a case that will decide whether retirees can sue for disability discrimination because of changes to retiree benefit plans.
Maine Paid Family and Medical Leave Start Date for Payroll Withholdings and Quarterly Wage Reports Is January 1, 2025
The start date for payroll withholdings and submissions of quarterly wage reports under the Maine Paid Family and Medical Leave (MPFML) Program is January 1, 2025, leaving employers with a sense of urgency as the compliance date nears. Under the current rules, employers may not apply for private plan substitutions
New Jersey Nears Finalization of Temporary Workers Bill of Rights Regulations
The State of New Jersey is on the verge of finalizing its regulations for the Temporary Workers Bill of Rights (TWBR), a significant move that will enhance protections and further equalize compensation for temporary workers whose primary residences are in New Jersey and who work inside or outside the state.
Political Speech in the Workplace: Strategic Considerations for Employers
Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the visibility and impact of employees’ political views. While political discourse can foster vibrant and diverse ideas, it
State Department Announces FY 2024 Visa Limits Have Been Reached for EB-1, EB-2, EB-3, EW, EB-4, and EB-5 Unreserved Categories
The U.S. Department of State has announced that annual visa limits for fiscal year (FY) 2024 have been reached for the following employment-based categories: EB-1, EB-2, EB-3, EW (other workers), EB-4, and EB-5 unreserved.
October 2024 Visa Bulletin Shows Some Advancement in Key Employment-Based Categories, Though EB-3 China Retrogresses
The October 2024 Visa Bulletin has been released by the U.S. Department of State and shows some encouraging movement forward from last month in many key categories. However, EB-3 China retrogresses and there is some disappointing lack of movement in certain final action dates. Retrogression is less common in October,
Beltway Buzz, September 13, 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.
Massachusetts Supreme Judicial Court Clarifies Franchisee vs. Employee Classification
In the ever-evolving landscape of employment law, a recent Massachusetts Supreme Judicial Court (SJC) opinion, Patel v. 7-Eleven, Inc., has shed light on a critical question: When is a franchisee considered an employee of the franchisor? This question was at the heart of a case involving five franchisees and the
Fifth Circuit Upholds DOL’s Minimum Salary Requirement for FLSA White-Collar Exemptions
On September 11, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the U.S. Department of Labor’s (DOL) authority to use a salary basis to define its white-collar overtime exemptions.
OSHA’s New Severe Injury Report Dashboard Provides Data From 2015 Through 2023
Recently, the Occupational Safety and Health Administration (OSHA) made nearly a decade of serious event reporting data—from January 1, 2015, through December 31, 2023—publicly available for review and study via OSHA’s new Severe Injury Report (SIR) dashboard. Given the creation of this dashboard, it seems reasonable for employers to expect
Employment Law Landscape Could Change After Election
When presidential administrations change, it’s common to see significant shifts in policy via new regulations, executive orders, different interpretations of federal laws, and changes to enforcement priorities, budgeting, and staffing of federal agencies. What changes can employers expect to see in employment law in the next few years if Vice
NLRB Will No Longer Approve Consent Orders
A recent National Labor Relations Board (NLRB) decision has ended the practice of administrative law judge (ALJ) approval of consent orders to resolve unfair labor practice (ULP) charges. This is yet another development from the NLRB that makes it more difficult to settle charges and increases the likelihood those matters
UK Labour Government Proposes the Right to ‘Switch Off’
The United Kingdom continues to see rapid growth in the number of workplaces adopting remote and hybrid work arrangements, particularly in the wake of the COVID-19 pandemic. Although this new type of work offers many positives for both businesses and employees, it can also blur the boundaries between work and
A New Entity Abroad, Part II—Unique Employment Regulations
One of the primary concerns for an organization that wants to start conducting business in a new country must be the laws of the specific country. Employment regulations vary widely around the globe, and some may be so contrary to an employer’s expectations that missteps and noncompliance could result. In