Labor and Employment
By: Elizabeth M. Roberson and Virginia A. Talley
on October 21, 2022
The Equal Employment Opportunity Commission (EEOC) released the “Know Your Rights: Workplace Discrimination is Illegal” poster on October 19, 2022, which replaces the “Equal Employment Opportunity is the Law” poster last revised in 2009.
In its press release, the EEOC states that the plain language…
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By: Elizabeth M. Roberson
on October 17, 2022
On October 13, 2022, the U.S. Department of Labor (DOL) published a Proposed Rule to revise its prior guidance on how to determine who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This Proposed Rule rescinds a prior rule that was published on January 7, 2021,…
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By: Nancy J. Townsend
on August 12, 2022
In a tight labor market with diversity, equity, and inclusion front of mind, some employers have expanded their outreach to prospective employees under the federal Work Opportunity Tax Credit (WOTC). Refining their recruiting approach may relieve staffing pressures and enhance workplace diversity,…
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By: Brett J. Ashton and Libby Yin Goodknight
on June 8, 2022
While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses have been the recipients of demand letters alleging…
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By: Virginia A. Talley and Shelley M. Jackson
on January 20, 2022
On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”).
Scope of Guidance
The…
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By: Nancy J. Townsend
on January 19, 2022
Imagine that your company contracts with a salesperson, consultant, or other professional, who insists on an independent contractor arrangement. He wants to be free to accept other work opportunities. Your company accommodates by paying a daily rate for services, setting up a payment-upon-invoicing…
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By: Elizabeth M. Roberson and Shelley M. Jackson
on January 14, 2022
Yesterday afternoon, the U.S. Supreme Court issued two key rulings relating to mandatory COVID-19 workplace measures. The rulings contain important implications for private and certain other employers with 100 or more employees and for health care entities subject to conditions of participation…
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By: Elizabeth M. Roberson
on January 6, 2022
As of January 1, 2022, Illinois employers must abide by significant new amendments to the Illinois Freedom to Work Act (the “Act”). Specifically, these amendments pertain to non-competition and non-solicitation agreements between employers and their employees that are entered into after January 1,…
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By: Shelley M. Jackson
on December 21, 2021
Employers with 100 or more employees may feel whiplash as they once again prepare to pivot in connection with the Biden Administration’s push to implement mandatory vaccination-or-test policies in the workplace. On Friday, December 17, 2021, the Sixth Circuit Court of Appeals granted an emergency…
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