Religious discrimination and accommodations have quietly become some of the EEOC’s enforcement priorities, and a string of recent lawsuits shows the agency is not shy about pursuing those claims. For employers, this is a good time to revisit how religious...
Debate Over McDonnell Douglas Burden-Shifting Framework Continues as U.S. Supreme Court Again Declines Review
Takeaways SCOTUS denied two petitions for certiorari asking the Court to reexamine the McDonnell Douglas burden-shifting framework. These denials follow recent calls from Justices Thomas and Gorsuch, and a growing number of judges, to revisit McDonnell Douglas. For...
Workplace Language Rules and the EEOC’s Renewed Focus on Anti-American National Origin Discrimination
When an employer implements a language-exclusivity rule, such as an English-only workplace rule for employees, it may implicate federal laws prohibiting discrimination based on national origin. This article highlights some of the legal considerations for employers in...
School’s Back in Session: Child Labor Laws Remain an Area to Watch
Key Takeaways The U.S. Department of Labor (DOL) continues to bring enforcement actions involving minors, including violations related to work hours and hazardous job duties. At the same time, the DOL has signaled that it may reconsider federal restrictions on the...
DOL’s Latest Opinion Letters Clarify Meal Break, Volunteering + Tip Pooling Rules
Takeaways One DOL opinion letter explained that a 60-minute meal break remains noncompensable even when employees must spend up to 14 minutes walking to and from a break area. Another letter said nonprofit employees may volunteer for their employer if the volunteer...
Supreme Court sidesteps employment law cases on disability bias, vaccines
Appeals courts have taken up several issues that the justices have so far refused to weigh in on during the new term.
DOL to up minimum wage to $14 per hour for federal contractors
Despite the increase, the rate remains below Biden-era levels, which hit $15 per hour.
US Department of Labor cites Pennsylvania excavation employer for failing to provide trench protection following fatal trench cave-in
CHAMBERSBURG, PA – The U.S. Department of Labor has cited an excavation contractor for willful and serious safety violations after a young worker was fatally injured in a trench collapse. The department’s Occupational Safety and Health Administration opened an...
Employee Misconduct: Burden-Shifting Returns with NLRB’s Latest Lion Elastomers
Takeaways The National Labor Relations Board has returned to the burden-shifting standard for determining whether employees lose National Labor Relations Act protection for misconduct during Section 7 protected activity. Under the restored test, the Board general...
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