by John T. Below and Cameron D. Ritsema, Bodman PLC
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Termination of a publicly appointed official—such as a clerk, administrator, fire chief, or similar position—requires careful planning because of the many legal implications in play. This article provides an overview of...
Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are utilized. This wave of lawsuits began approximately a...
We all know Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, sex, or religion, among other protected categories. Balancing employees’ rights in the...
On September 23, 2024, the Criminal Division of the U.S. Department of Justice (DOJ) released revised Evaluation of Corporate Compliance Programs guidance, last updated in March 2023. The latest guidance covers three...
Q We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Whether fertility/infertility treatments are...
The Pregnant Workers Fairness Act (PWFA) is now part and parcel of your life. The Equal Employment Opportunity Commission (EEOC) isn’t shy about reminding you of this fact. EEOC lawsuit on stillbirth Wilda Jean Louis...
In a significant win for the Biden administration, on September 11, 2024, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all employers in Louisiana, Mississippi, and Texas) affirmed the U.S. Department of...
Q Do employees have to be employed for 12 months or work 1,250 hours to qualify for the Pregnant Workers Fairness Act (PWFA), or do they qualify as soon as they begin employment? Unlike the Family and Medical Leave Act...
In the dynamic landscape of today’s business environment, mergers and acquisitions (M&As) have become commonplace, driving corporate growth and market expansion. However, amidst the strategic maneuvering and business...
Your business may want to jump on the generative artificial intelligence (GAI) bandwagon and discover how you may become more productive and competitive, reduce costs, and make the most of new technology. There are many...
Hospitality employers with tipped employees received welcome news in late August when a federal appeals court overturned the Department of Labor’s (DOL) so-called 80/20/30 rule—the highlight of a new set of regulations...
Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a...
Late last month, a federal judge in Georgia blocked the U.S. Department of Labor (DOL) from enforcing its farmworker protection rule, also known as the “Improving Protections for Workers in Temporary Agricultural...
Is an HR investigation into discrimination admissible evidence? A recent case from the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) declares the answer is “yes.” But as the expression goes...
Workers continue to find new ways to create potential hostile work environment liability for their employers under Title VII of the Civil Rights Act of 1964. In June 2023, the U.S. 9th Circuit Court of Appeals (whose...
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