Labor and Employment

Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now

by Fisher Phillips in Human Resources, Legal. Posted September 21, 2023

Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees – a change that could make more of your employees eligible for overtime premiums. The U.S. Department of Labor (DOL) announced today that it intends to significantly raise the ...

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Employers, Take Note: New Protections for Pregnant Workers Effective June 27, 2023

by CSG Law in Human Resources, Legal. Posted September 14, 2023

The Pregnant Workers Fairness Act (“PWFA”), which became effective on June 27, 2023, is a new law requiring covered employers to provide reasonable accommodations for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would result in an “undue hardship” to the employer. Examples of “related medical conditions” include ...

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Using Employees’ Requested Pronouns: It’s About Dignity, Respect and Minimizing Legal Risks

by Fisher Phillips in Human Resources, Legal. Posted September 12, 2023

As employers strive to create inclusive and compliant workplaces, you should note that using an employee’s requested pronouns not only conveys respect but also helps you stay in compliance with anti-discrimination laws. In fact, the Equal Employment Opportunity Commission (EEOC) takes the position that intentionally and repeatedly using the wrong pronouns to refer to LGBTQ+ ...

Retaliation claim lying on the desk with gavel.

5 Tips to Avoid Workplace Retaliation Claims

by Fisher Phillips in Human Resources, Legal. Posted September 7, 2023

Employers know how important it is to comply with workplace anti-discrimination laws – but equally important is ensuring that employees who complain about perceived discrimination are not retaliated against for doing so, even if the underlying claim is never proved. Why is this so important? Retaliation is the most common type of claim filed with ...

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Accommodating Religious Beliefs and Practices: What Employers Need to Know About the U.S. Supreme Court’s Decision in Groff v. DeJoy

by Andrea Rodriguez in Human Resources, Legal. Posted September 5, 2023

On June 29, 2023, the U.S. Supreme Court issued its decision in Groff v. DeJoy, marking a significant shift in religious accommodation law and shaping how employers are required to accommodate employees’ sincerely held religious practices and beliefs. This ruling raises the standard for employers, challenging them to make greater efforts to accommodate their employees’ sincerely ...

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Virtual Form I-9 Inspection Pilot Program for Non-E-Verify Employers

by Cozen O'Connor in Human Resources, Legal. Posted August 31, 2023

On August 3, 2023, the Department of Homeland Security (DHS) proposed a new pilot program for virtual Form I-9, Employment Eligibility Verification inspections that would apply to employers not currently enrolled in E-Verify. This proposed new rule will be open for comments for the next 60 days before its planned implementation into the Federal Register. ...

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What Employers Can Learn from the Lizzo Lawsuit: Tips to Avoid Hostile Workplace Allegations

by Fisher Phillips in Human Resources, Legal. Posted August 24, 2023

Singer-songwriter Lizzo was all over the headlines last week — but not for one of her latest hit songs. Instead, the Grammy-award-winning entertainer was sued by three former dancers asserting various claims, including hostile work environment and discrimination. While Lizzo and her brand denied the allegations, the situation is a cautionary tale for employers and ...

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Weighing the Pros and Cons of Monitoring Remote Workers: 5 Tips for Employers

by Fisher Phillips in Human Resources, Technology. Posted August 17, 2023

Remote and hybrid work arrangements continue to reshape the way employers approach performance management, and many organizations are turning to technology to help supervise offsite workers. Whether an employer simply notes when remote workers are available online through a platform such as Teams or Slack or uses more sophisticated software to track keystrokes and other ...

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Federal Pregnant Workers Fairness Act Goes Into Effect

by Anderson Kill in Human Resources, Legal. Posted August 15, 2023

On June 27, 2023 the Pregnant Workers Fairness Act (PWFA) went into effect, and the Equal Opportunity Employment Commission (EEOC) began accepting charges under the new law. Signed into law by President Biden on December 29, 2022, the PWFA requires “covered employers” to provide “reasonable accommodations” to workers with known limitations related to pregnancy, childbirth, ...

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Labor Department’s “New” Tip Credit Rule is Here to Stay…For Now: A 10-Step Plan for Hospitality Employers

by Fisher Phillips in Food & Beverage, Human Resources. Posted August 10, 2023

A federal court just refused to block the U.S. Department of Labor’s infamous 80/20 rule, which applies to employers that take the tip credit toward their minimum wage obligation under federal wage and hour law – which means now’s time to ensure you’re in compliance. Several restaurant industry groups filed a lawsuit seeking to halt ...