The Labor Department recently published a new version of its poster informing employees of their rights under the Family and Medical Leave Act. Although employers are free to use the new poster, they can continue to meet their FMLA notice obligations
In a case that illustrates that the EEOC’s authority to demand whatever information it wants is not limitless, the 11th Circuit has ruled that an agency subpoena demanding information from multiple company facilities was not relevant to the charge it
MEMBER FEEDBACK REQUESTED. The EEOC has updated its “What You Should Know About COVID-19 and the ADA” guidance to remind employers that even though the COVID-19 public health emergency has expired, they still have obligations under the Americans with
Despite CWC’s recommendations for improvement, the White House Office of Management and Budget has approved OFCCP’s request to continue mandating a slightly improved but still highly prescriptive version of the Disability Self-ID Form CC-305 for anot
CWC has filed comments with the White House Office of Management and Budget urging that agency to mandate sensible changes to OFCCP’s overly prescriptive Form CC-305 before giving OFCCP clearance to continue using the form for another three years.
A recent settlement reached in an FLSA class action alleging failure to award proper overtime pay raises the complex issue of how or whether certain types of “equity” compensation must be included in the so-called regular rate calculation.
The Department of Labor’s Wage and Hour Division has issued its first opinion letter under the Family and Medical Leave Act, opining on how reduced schedule FMLA leave can protect an employee with a chronic health condition from having to work mandat
In conjunction with the 30th anniversary of the federal Family and Medical Leave Act, we are sharing a copy of CWC’s popular FMLA Compliance Outline, a comprehensive resource designed to assist our members in understanding the FMLA’s basic requiremen
The EEOC has updated its nearly 10-year-old guidance on hearing disabilities in the workplace to take into account recent technological advances as well as to put a greater emphasis on an employer’s reasonable accommodation obligations with respect t
The Labor Department reports that in fiscal year 2022 it resolved the fewest number of administrative complaints filed under the Family and Medical Leave Act since the law was enacted in 1993.
Confirming a ruling issued by the court in a similar case decided 15 years ago, the Seventh Circuit has reaffirmed that an employer can discipline an employee for abusing FMLA leave if the employer has an honest belief that abuse is occurring.
The U.S. Supreme Court has been poised for some time to take up a case that will allow it to reconsider the “de minimis” standard for showing undue hardship in denying a religious accommodation under Title VII. The Court recently found its case, and
A new law approved by the last Congress shortly before it adjourned expands the 2010 “Break Time for Nursing Mothers Act” to cover executives, managers, and professionals who were previously exempt from the law’s protection.
Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.
The appeals court rejected plaintiff’s claim that she was fired based on the recommendation of a biased supervisor, finding that the company broke any causal chain by conducting an independent investigation and reaching the same conclusion that she s
We expected the Biden Administration’s Labor Department to be more aggressive in filing formal OFCCP-related administrative lawsuits, but that hasn’t been the case until now. Things may be changing, however, as our memo explains.
A recent ruling by a federal appeals court serves as a reminder that an employer has a duty under the Americans with Disabilities Act to consider reasonably accommodating a qualified individual for purposes of taking a preemployment test.
As with the FMLA and the NLRA, the ADA contains a so-called interference clause in addition to its anti-retaliation provision. Given the dearth of case law interpreting the clause, a recent ruling by the Sixth Circuit Court of Appeals provides some h
In a case of first impression, the Fourth Circuit Court of Appeals has ruled that “gender dysphoria” is a covered disability under the ADA, distinguishing the condition from otherwise excluded “gender identity disorders.”
MEMBER FEEDBACK REQUESTED. CWC’s most recent virtual member roundtable featured a discussion of the compliance implications of the Supreme Court’s controversial abortion ruling in Dobbs v. Jackson Women’s Health Organization.
MEMBER FEEDBACK REQUESTED. The EEOC has posted the latest update to its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws FAQs.
New guidance posted recently by the Department of Labor serves as a reminder that the Family and Medical Leave Act covers serious mental health conditions as well as serious physical health conditions.
This ruling by a divided three-judge panel of the federal appeals court serves as a reminder that a drug testing policy should be clear in its terms and applied consistently in order to minimize potential claims of discrimination.
MEMBER ROUNDTABLE SCHEDULED. The Supreme Court’s recent ruling overturning the nearly 50-year-old Roe v. Wade decision is prompting questions from our members regarding how new abortion restrictions might intersect with their workplace compliance obl
The court’s ruling serves as a reminder that simply discouraging an employee from using FMLA leave can be enough to support an unlawful interference claim.
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