What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

What obligations do employers have in responding to employees’ objections to vaccine mandates following the Supreme Court’s decision in Groff v. DeJoy?

Winter weather brings renewed attention to seasonal vaccines—and to employers’ interest in encouraging employees to remain healthy and productive, including potentially through efforts to require or incentivize workers to be vaccinated. While not as widespread today as they were during the pandemic, such rules and incentives trigger legal obligations to provide reasonable accommodations to employees who assert that vaccinations contravene...

As Exempt Salary Thresholds Continue to Increase, What are Best Practices for Employers Deciding to Reclassify Employees as Non-Exempt?

As Exempt Salary Thresholds Continue to Increase, What are Best Practices for Employers Deciding to Reclassify Employees as Non-Exempt?

Under the federal Fair Labor Standards Act (FLSA), employees are classified as “exempt” or “non-exempt.” Employers covered under the FLSA must pay non-exempt employees at least the minimum wage for every hour they work and overtime in accordance with applicable state laws. The FLSA exempts certain job roles, including administrative, professional, executive, highly compensated, outside sales, and computer professional employees,...

How is an already complex PERM recruitment process further complicated by EPT laws?

As we discussed in a recent post, equal pay transparency (EPT) laws are on the rise across the country. While complex in their own right, EPT laws introduce new risks and challenges for employers undergoing an already complicated recruitment process to hire foreign nationals through the Department of Labor’s (DOL) permanent labor certification process, or PERM. What is PERM? The...

What impact will the recently enacted New Jersey Temporary Workers’ Bill of Rights have on temporary staffing agencies and their clients?

What impact will the recently enacted New Jersey Temporary Workers’ Bill of Rights have on temporary staffing agencies and their clients?

A first-in-the-nation law that creates new legal protections for temporary workers recently took full-effect in New Jersey, despite opposition from the business community, a conditional veto by the governor and a legal challenge in federal court.  The New Jersey Temporary Workers’ Bill of Rights (the “Act”) provides new protections for temporary workers in certain occupations and enhanced administrative oversight and...

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What’s New In The Evolving Area Of Pay Equity Requirements?

As we discussed in a prior post, pay equity is a rapidly evolving area of significant import to employers.  Women, people of color, and individuals with disabilities continue to earn significantly less than non-Hispanic white men for the same work.  The disparity is even more dramatic for individuals at the intersections of those underpaid groups.  Anti-discrimination laws exist but, for...

Are Employers Required to Make Commuting Accommodations under the Americans with Disabilities Act?

The answer to this question is unclear, and federal courts continue to disagree. The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with disabilities, so long as the accommodations do not create an undue burden for the employer or pose safety risks.  In analyzing accommodation claims, courts must address each of these inquiries.    A longstanding...

Recreational Marijuana Legalization, Drug Testing Trends, and Considerations for Employers

Minnesota is now the 23rd state (in addition to Washington D.C. and Guam) to legalize recreational marijuana in some form or another. Minnesota joins a growing list of states taking action on marijuana policy. With nearly half of the states now permitting adult-use of marijuana, what trends and laws should employers consider when revising or adopting drug testing policies? To...

What do employers need to do to comply with the PUMP Act and the Pregnant Workers Fairness Act?

In recent years, the United States has faced an epidemic of maternal mortality and worsening maternal health disparities and ranks well beyond its industrialized peers on these metrics.  In response, many employers have taken steps to promote maternal and child health during the critical period of infancy and new parenthood.  These steps include more generous paid parental leave, better access...

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent contractor?

What is the current standard used by the National Labor Relations Board to determine if a worker is an employee or an independent contractor?

Each government agency has set its own standard for determining whether a worker is properly classified as an employee or an independent contractor.  Employers need to take into account the tests used by different federal agencies as well as those used by different states.1 The National Labor Relations Board (“NLRB” or the “Board”) has, yet again, changed its standard for...

What risks do employers face by excluding coverage for gender affirming care in their health plans?

What risks do employers face by excluding coverage for gender affirming care in their health plans?

In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. Some states enacted affirmative legal protections for patients and providers (e.g., Colorado, Illinois, and Minnesota) while others sought to restrict or prohibit...