The Equal Employment Opportunity Commission (EEOC) must receive a discrimination or retaliation charge from a worker and attempt to resolve the claim through voluntary procedures before filing a lawsuit alleging that the employer engaged in a pattern or practice of discrimination, according to a recent opinion letter.

On August 3, 2020, the US District Court for the Southern District of New York struck down four parts of the US Department of Labor’s (DOL) Final Rule implementing the Families First Coronavirus Response Act (FFCRA). A copy of the court’s ruling is available here. The FFCRA provides COVID-19-related sick leave and family leave to employees of businesses with […]

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Many employers delayed sexual-harassment-prevention training due to COVID-19 stay-at-home orders, but the Jan. 1, 2021 compliance deadline remains. In-person training continues to be difficult under state and county guidance, so employers may want to consider online training.

As the spread of COVID-19 and lockdowns in India continue for longer than expected, many companies are switching gears to assist their remote-working employees for the long haul.

COVID-19 pandemic guidance from agencies like the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) has been constantly changing and confusing for employers. Directives concerning the use of face coverings and masks have proven to be one of the most commonly misunderstood areas.

In a move sure to frustrate employers and usher in a wave of confusion, a New York federal court judge just struck down critical portions of the Labor Department’s new joint employer rule that went into effect a few months ago. Concluding that the agency’s rule has “major flaws,” U.S. District Judge Gregory Woods decided yesterday that the rule did not comport with the Fair Labor Standards Act (FLSA). The September 8 ruling tosses out the new standard that had applied to “vertical” employment relationships (when staffing company or subcontractor workers are contracted to work with another entity, for example), while keeping intact the rarer “horizontal” relationships between related entities that employ the same worker – which was not significantly changed by the final rule. Affected employers may have to chart a more difficult course in order to ensure they are not deemed liable in joint employer situations.

Federal agencies can no longer include “critical race theory” and discussions of “white privilege” in their workplace race-sensitivity training, according to a White House announcement.