News & Insights

Practice Area: Employment

WHAT A SECOND TRUMP ADMINISTRATION COULD MEAN FOR THE EEOC

The 2024 presidential election has finally come to pass with Republican candidate Donald Trump set to begin his second administration in January 2025.  It can be expected that the Trump Administration will bring numerous changes to the employment law landscape during his second administration.  Many of these changes will likely roll back various Biden-era initiatives…
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EEOC IMPLEMENTS FINAL REGULATIONS FOR THE PREGNANT WOMAN’S FAIRNESS ACT AND FILES FIRST LAWSUITS

On June 27, 2023, Congress passed the Pregnant Woman’s Fairness Act (“PWFA”). The PWFA requires employers with 15 employees or more to provide reasonable accommodations to employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodation would cause the employer an undue hardship. The PWFA directs the EEOC…
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OSHA PROPOSES WORKPLACE HEAT SAFETY RULE

The Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced a proposed rule in July 2024 to regulate heat-related hazards in the workplace. According to OSHA, heat is the leading cause of death in the U.S., and the proposed rule seeks to protect employees who work in warm climates from hazards associated with high…
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SUPREME COURT TO RULE ON ADA RIGHTS FOR FORMER EMPLOYEES

On June 24, 2024, the United States Supreme Court agreed to hear the case of a retired Florida firefighter who argued that the Americans with Disabilities Act (“ADA”) allows a former employee to sue over discrimination with respect to post-employment benefits that the former employee earned during their employment.  In the case of Stanley v….
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ELEVENTH CIRCUIT UPHOLDS INJUNCTION STOPPING FLORIDA’S ANTI-WOKE LAW

In 2022, Florida enacted the Individual Freedom Act, which Governor Ron DeSantis called the “Stop WOKE Act” (“the Act”). Specifically, the Act prohibited Florida employers from requiring employees to attend any training or activity that “espouses, promotes, advances, inculcates, or compels” an individual to believe certain prohibited “concepts” relating to race, color, sex, or national…
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SHIFTING LANDSCAPE OF NON-COMPETE AGREEMENTS

Historically, non-compete agreements were utilized to safeguard a company’s trade secrets, proprietary information, and customer relationships. Non-compete agreements served as critical tools for protecting business interests. However, over the past few years, there has been a recent legislative priority to limit or ban the use of restrictive covenants. In 2021, President Joe Biden signed an…
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EEOC LAUNCHES NEW REACH INITIATIVE FOR 2024

In January 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) launched its REACH initiative designed to “enhance outreach to vulnerable workers and underserved communities.” The initiative was implemented by Commissioner Kalpana Kotagal for the purpose of ensuring EEOC’s outreach and education efforts reach workers who are less likely to seek the agency’s assistance.  Through the…
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UNITED STATES DEPARTMENT OF LABOR ANNOUNCES NEW INDEPENDENT CONTRACTOR RULE

On January 9, 2024, the United States Department of Labor (“DOL”) released its final rule that revises the DOL’s determination of whether a worker is an employee or independent contractor under the Fair Labor Standards Act (“FLSA”). The final rule goes into effect on March 11, 2024. The new rule replaces the Trump Administration’s Independent…
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