US Department Of Labor Raises Salary Thresholds For Exempt Employees
Employers wake up today to a daunting new landscape as they face higher salary requirements for their exempt employees. On April 23, 2024, the US Department of Labor (DOL) issued a final rule that substantially increases the minimum salary levels for exempt employees under the Fair Labor Standards Act (FLSA). If an employee’s job duties and fixed salary level meets […]
EEOC Cautions Employers That AI Selection Tools Can Have Unlawful Disparate Impact
On May 18, 2023, the EEOC issued a technical assistance guide on the use of artificial intelligence tools in employment selection procedures under Title VII, which is the federal anti-discrimination law. The guidance recognizes employers’ increasing use of AI-developed algorithmic decision-making tools in hiring, promotion, and firing. Such tools may include software designed for resume-screening, […]
Employers: Heed Recent Guidance on PUMP Act
WHD’s recent guidance provides further details about requirements and potential remedies for violation of the Act.
NLRB Scrutiny Requires Review of Employee Agreements
Based upon the NLRB’s recent decision in McLaren Macomb (February 23, 2023) and related General Counsel Memorandum 23-05 (March 22, 2023), employers (whether unionized or not) should review severance and other employment agreements containing confidentiality, non-disclosure, or non-disparagement provisions to ensure compliance with the Board’s restrictive new standards. In McLaren Macomb, the NLRB examined severance […]
EEOC Issues Updated “Know Your Rights” Poster
On October 19, the United States Equal Employment Opportunity Commission (EEOC) issued an updated “Know Your Rights: Workplace Discrimination Is Illegal” poster. The poster replaces the prior “EEO is the Law” poster. It summarizes federal employment laws and explains steps individuals can take if they believe they have experienced any form of prohibited discrimination. Employers […]
CDC Updates COVID-19 Guidance
On August 11, 2022, the Centers for Disease Control provided a new Summary of Guidance for Minimizing the Impact of COVID-19 as well as updated guidance regarding isolation.
Chicago Expands Anti-Harassment Laws
Beginning July 2022, Chicago will require employers to provide employees with additional training, a new written policy, and a new posted policy on sexual harassment.
EEOC’s New COVID-19 Guidance: Employee Caregivers and Religious Exemptions
The EEOC recently revised its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws guidance document to address two issues: the treatment of pandemic-related caregivers (Section I), and religious objections to the COVID-19 vaccine (Section L). With respect to pandemic-related caregivers, referring to employees who are caring for […]
Biden Administration Bans Arbitration of Workplace Sexual Harassment Claims
On March 4, 2022, President Biden signed ithe “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act,” a new law banning mandatory arbitration for workplace sexual assault and sexual harassment claims. Arbitration is a form of dispute resolution outside of the court system. Many employment contracts broadly require employees to resolve claims against employers […]
CDC’s Latest Guidance: To Mask or Not Mask
On February 25, 2022 the CDC updated its masking guidance. The new recommendations are customized according to community risk. Each county across the US is designated “high,” “medium,” or “low” risk. “High” risk counties: residents are advised to mask indoors in public. “Medium” risk counties: residents should mask in some situations, including in high risk […]
