Labor and Employment Insights
REMOTE WORK AND STATE AND LOCAL PAY TRANSPARENCY LAWS
A rising trend among states and localities is the enactment of pay transparency laws and salary history bans. Five (5) states (Illinois, Massachusetts, Minnesota, New Jersey, and Vermont) and one (1) locality (Cleveland, Ohio) have enacted these laws this year alone...
PROPOSED RULE ON NONDISCRIMINATION IN APPRENTICESHIP
On July 2, 2025, the U.S. Department of Labor, Employment and Training Administration (“DOL”), issued a Proposed Rule that would amend the regulations applicable to Registered Apprenticeship Programs (“RAPs”). Specifically, the Proposed Rule would overhaul 29 C.F.R....
ACTING NLRB GENERAL COUNSEL RESCINDS BIDEN-ERA GUIDANCE MEMORANDA
In Memorandum GC 25-05, published on February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”), William B. Cowen (“Acting General Counsel”), rescinded thirty-one active memoranda published by the Biden-era NLRB General...
SECURE 2.0 Act Overpayment Collections
Occasionally a mistake happens in the administration of an employee benefit plan that results in an overpayment to a plan participant or beneficiary. On December 29, 2022, Congress passed the SECURE 2.0 Act, revising the Employee Retirement Income Security Act...
NEW PROTECTIONS FOR PREGNANT WORKERS
Currently, pregnant employees may or may not be entitled to protection under the Americans with Disabilities Act (“ADA”), which applies a standard disabilities test. However, starting on June 27, 2023, employees can rely on the Pregnant Workers Fairness Act (“PWFA”),...
MOBLEY V. WORKDAY, INC. SIGNALS USE OF ARTIFICIAL INTELLIGENCE SCREENING IN HIRING MIGHT OPEN NEW FRONTIER OF DISCRIMINATION LIABILITY
The use of an artificial intelligence (“AI”) screening service in hiring can be attractive to employers. They can lessen the hassle of sorting through candidates using algorithms and inputs to provide a conveniently narrowed list of potential hires. The problem? While...
D.C. Circuit Addresses OSHA Eyewash Station Requirement for Construction Industry
In 1970, when Congress passed the Occupational Safety and Health Act (the “Act”) and created the Occupational Safety and Health Administration ( “OSHA”), it initially gave OSHA two years to adopt existing, industry-specific federal safety standards without going...
New HHS Affordable Care Act Rule May Still be Valid After Bostock
On June 12, 2020, the U.S. Department of Health and Human Services (“HHS”) finalized a rule that, in pertinent part, repealed an Obama-era rule related to the nondiscrimination provisions of the Affordable Care Act (“ACA”). The ACA provides that an individual shall...
Impact of the Landmark Supreme Court Decision Prohibiting Discrimination on the Basis of Sexual Orientation or Transgender Status
The U.S. Supreme Court, in Bostock v. Clayton, issued a landmark decision, ruling that Title VII’s prohibition against sex discrimination prohibits discrimination on the basis of sexual orientation or transgender status. This decision affirms, as many Circuit Courts...
SCOTUS Rules Participants in a Defined-Benefit Plan Do Not Have Standing to Sue Fiduciaries
On June 1, 2020, in a 5-4 decision, the U.S. Supreme Court held that two plan participants of a defined-benefit plan had no standing to sue their plan’s fiduciaries because, win or lose, the participants would receive the same monthly benefits and, thus, the...