by Paige Good and Harrison Kosmider, McAfee & Taft
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As part of the comprehensive Consolidated Appropriations Act of 2023, President Joe Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The Act, which applies to employers with 15 or more employees...
While many were out finishing up their last-minute Christmas shopping, Congress passed the highly anticipated retirement plan legislation known as SECURE Act 2.0, and the U.S. Departments of Labor, Health and Human...
Because a former employee didn’t allege any concrete injury in connection with a claimed informational injury under the federal Fair Credit Reporting Act (FCRA) from an employer’s allegedly inadequate disclosure in...
Many HR professionals may relate to the “oh no, what now?” moment when they first learn an employment-related lawsuit has been filed. Although employers would prefer to avoid litigation entirely, it’s important for HR...
On November 8, 2022, Arizona voters passed Arizona Proposition 209, titled the Healthcare Debt Interest Rate Limit and Debt Collection Exemptions Initiative. The initiative passed by a wide margin of 72.01% to 27.99%...
Employers have questions all year about employee drug and alcohol testing. In recent years, however, those inquiries have seemed to increase during the holiday season. As employees emerge from two months of holiday...
At year-end, it’s traditional that we cast an eye back at the events of the past months. The view from K Street is, admittedly, skewed, but tries to be panoramic. What past events will shape our future? COVID-19. It won...
On November 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposal to require contractors to provide substantially more data to the agency at the desk audit stage. For a complete...
The Equal Employment Opportunity Commission (EEOC) published its proposed strategic plan for fiscal years (FYs) 2022 to 2026 on November 4, 2022, with comments due by December 5, 2022. The strategic plan serves as a...
The National Labor Relations Board (NLRB) has been the most aggressive and the most active independent agency of the Biden administration, especially in terms of fulfilling the president’s prounion agenda. The 53% increase in union election petitions over fiscal year (FY) 2021 is a direct result of the public support the Board has given to union organizing activity, support that has been reflected in the General Counsel’s (GC) memoranda and the Board’s formal rulings.
On November 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a proposal to substantially revise its scheduling letter and itemized listing. The scheduling letter is used to commence an OFCCP...
Even before the midterm elections and the prospect of divided government, the Biden administration began issuing new regulations in the employment sector. Joint employer The National Labor Relations Board (NLRB), which...
The period from an election until the new Congress is sworn in is known as the Lame Duck. During the Lame Duck, the party that lost the election rushes to pass bills and confirm nominees. This year, since the Democrats...
The midterm elections yielded stunningly unexpected results. The so-called “red wave” of Republican victories was more like a trickle. The House has a narrow Republican majority, but the party has deep philosophical splits, with newly empowered “moderates” seeking to limit the influence of the “MAGA-wing,” which they believe led the party to defeat in crucial races. In the Senate, where a sitting president did not lose a single Senatorial seat for the first time since 1934, a teetering Democratic majority feels like a landslide. What can employers expect?
The Texas Supreme Court recently upheld a mandatory arbitration clause contained in an employee handbook. The nine-year saga illustrates the risks of placing binding arbitration documents within nonbinding employment...
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