When the pandemic hit, many employees began working remotely. Even now, post-pandemic, many employers have maintained flexible work options for employees. With remote working increasing, many employers are grappling with new ways to create a workplace community that can flourish in the new remote work reality. One strategy is the creation of Employee Resource Groups (“ERGs”).Continue Reading Leveraging the Power of Employee Resource Groups While Mitigating Risk: A Practical Guide
On June 29, 2023, the United States Supreme Court issued a unanimous opinion in Groff v. DeJoy, Postmaster General, increasing the employer’s burden to prove an undue hardship defense from the previous de minimis standard to a substantial hardship standard. Although the opinion is framed as a mere “clarification” of the Supreme Court’s 1977 decision in Trans World Airlines, Inc. v. Hardison, in practice, the law now requires employers to accommodate an employee’s religious beliefs under Title VII unless such accommodation would create a substantial hardship to the employer’s business.Continue Reading Supreme Court Imposes Stricter Standards on Employers to Accommodate Religious Beliefs
On June 13, 2023, the National Labor Relations Board (NLRB) issued its decision in Atlanta Opera, overruling the Trump-era SuperShuttle DFW, Inc. standard and reverting back to the Obama-era FedEx Home Delivery (FedEx II) standard. Such a shift makes it more difficult for employers to prove workers are independent contractors, thereby giving National Labor Relations Act protections to a broader range of workers and making it easier for workers to organize a union.Continue Reading NLRB Modifies Independent Contractor Test in Atlanta Opera Decision
Despite New York City’s already extensive anti-discrimination laws, the New York City Council recently passed a bill outlawing discrimination based on weight and height. Further, the City Council is considering various bills that significantly broaden protected categories for which discrimination is prohibited.Continue Reading NYC Employers Take Note – New and Proposed Anti-Discrimination Laws Coming Your Way
It was widely reported last month—including by the Wall Street Journal and Associated Press— that the U.S. government is investigating alleged collusion by some companies to “increase the chances
Continue Reading U.S. Government Investigates H-1B Visa Lottery Irregularities
We’ve emerged from the traditional winter season of flu, strep, and stomach viruses (often on repeat for those with small children) and are well into the traditional spring season of sneezing, sniffling, and coughing. As such, it is worth considering the role healthcare plays in each of our lives. For some, we might have found ourselves at the doctor a few times over the past year—once for an annual wellness visit and once or twice for antibiotics.Continue Reading Diagnosing the Future: Considering DEIA as a Treatment Plan for Healthcare Employers to Improve Patient Outcomes
Veteran Hiring Benchmark Decreased to 5.4%
OFCCP released the national annual veteran hiring benchmark effective March 31, 2023, which measures the national percentage of veterans in the civilian labor force. Federal contractors are required to compare their percentage of hires who are protected veterans in each establishment on a facility-wide basis to the annual veteran hiring benchmark to measure the effectiveness of outreach and recruitment of veterans for employment. The national annual veteran hiring benchmark was decreased from 5.5% to 5.4% as of March 31, 2023. If a federal contractor has elected to calculate an individualized hiring benchmark using state-level availability of veterans, OFCCP has also updated state-level availability data.Continue Reading OFCCP Publishes Annual Veteran Hiring Benchmark and New Self-Identification of Disability Form
Husch Blackwell attorney Tracey O’Brien has posted about the March 31 OFCCP recission of the Trump administration’s Final Rule, Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption.
Continue Reading OFCCP Rescinds 2020 Final Rule Regarding Religious Exemption
Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee recruitment, retention, and morale, and to help mitigate risks associated with potential disparate treatment and discrimination claims by employees.Continue Reading Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts
Husch Blackwell’s Donna Pryor and Laura Higbee provide an update to our January post on the Occupational Safety and Health Administration’s (OSHA) intention to convene a Small Business Advocacy Review
Continue Reading Panel to Decide if OSHA Should Enact a Prevention of Workplace Violence in Healthcare and Social Assistance Standard