by Paige Good and Harrison Kosmider, McAfee & Taft
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Q Can a pregnant employee start their 12 workweeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave? Yes, if eligible, a pregnant employee may...
In a unanimous decision, the U.S. Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for nonminority groups under Title VII of the Civil Rights Act of 1964. What changed...
Q Can pregnant employees start their 12 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten their amount of postpartum leave? Under the FMLA, eligible employees are entitled...
Q Can a pregnant employee start her 14 weeks of Family and Medical Leave Act (FMLA) leave before delivery, and if so, will this shorten her amount of postpartum leave? The FMLA guarantees 12 weeks of unpaid leave within...
Q If we send an employee to another country for a three-month assignment, are we required to pay overtime under the Fair Labor Standards Act (FLSA), or can we just pay a daily rate? Must we follow the pay regulations of...
In June 2025, U.S. Customs and Border Protection (CBP) officers denied a Norwegian tourist entry into the United States. According to the traveler, CBP officers demanded access to his cell phone and expressed concern...
Many employers implement wellness programs into their employee health plan offers. Wellness programs have varying designs but commonly offer premium discounts to participants who are tobacco-free or achieve certain...
Since the Immigration Reform and Control Act (IRCA) was enacted in 1986, employers have been required to verify the identity and work authorization of every new hire using Form I-9. But one question has sparked ongoing...
Earlier this year, the U.S. Department of Labor (DOL) issued an opinion letter that addressed the Family and Medical Leave Act’s (FMLA) provision regarding the “substitution” of accrued paid time off (PTO) and its...
On May 21, 2025, the U.S. District Court for the Western District of Louisiana issued a sweeping decision vacating the Equal Employment Opportunity Commission’s (EEOC) final rulemaking to the extent it requires employers...
The Fair Credit Reporting Act (FCRA) requires employers to present a conditional job offer to a candidate and obtain written consent from the candidate before accessing a consumer credit report for hiring decisions. If...
Settlements of unfair labor practice charges appear to be returning to more traditional standards under new guidance from the National Labor Relations Board’s (NLRB) acting General Counsel (GC) William B. Cowen. Unfair...
The Department of Labor (DOL) has proposed reducing its 2026 budget by nearly 35%, with significant cuts in personnel and core functions, such as job training and employment monitoring. A department that touched—one way...
Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas issued a press release praising the Supreme Court’s unanimous decision in Ames v. Ohio Department of Youth Services and stating that it established...
As the Supreme Court nears the end of another term, it has issued several rulings with important implications for employers in cases involving Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...
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