On August 30, 2023, the U.S. Department of Labor announced its proposed new regulations on who can be treated as exempt from overtime pay. These proposals have been in the pipeline for nearly two years, with many in the business
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EEOC’s Notice of Proposed Rulemaking to Implement the Pregnant Workers Fairness Act (PWFA)
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published proposed regulations in the Federal Register for implementing the PWFA. The EEOC has invited the public to comment on the proposed regulations during a comment period that will…
Title VII & DEI Program Implications of the Supreme Court’s Recent Affirmative Action Decision
As observed in Dykema’s original alert on the Supreme Court’s recent decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, Nos. 20-1199 & 21-707, corporate diversity, equity, and inclusion policies may be impacted by the Court’s…
Employee Handbooks: The Pendulum Swings Back Questioning the Legality of Many Common Policies
Over the last two years, the National Labor Relations Board (“NLRB”) has been aggressively trying to expand its coverage in a manner that has taken many employers of non-unionized employees by surprise. Many rules and concepts that have been in…
Sweeping Changes to Illinois Day and Temporary Labor Services Act Now in Effect
On August 4, 2023, Governor Pritzker signed into law a recent overhaul of the Illinois Day and Temporary Labor Services Act (the “Act”). Since the Act was passed in 2000, the number of low-wage day or temporary laborers (“Temporary Workers”)…
Workplace Drug Testing Update
As legal markets for recreational marijuana continue to open up in the U.S., and public opinion about responsible marijuana use slides towards acceptance, the requirements for employment-related drug testing are slowly evolving to meet the moment. News articles and blog…
The California Supreme Court Rules on PAGA Standing
By Jasmina Aragon & Tim Trunzo
On July 17, 2023, the California Supreme Court issued an opinion in Erik Adolph v. Uber Technologies, Inc., settling the issue of whether a Plaintiff’s non-individual PAGA claims must be dismissed if the Plaintiff’s individual PAGA claims are compelled to…
Religious Accommodation Standard Under Title VII Reformed by U.S. Supreme Court Ruling In Groff v. DeJoy.
By James Hermon & Sean Darke
The United States Supreme Court issued an opinion in Groff v. DeJoy , clarifying its earlier opinion in Trans World Airlines v. Hardison, 432 U.S. 63 (1977) that described an employer’s obligation to an employee seeking an accommodation based upon…
Cannabis Continues to Demonstrate Major Differences Between State and Federal Law
By James Aldrich & Tim Trunzo
While more and more states move to legalize various uses of cannabis, a recent decision on an application for U.S. citizenship demonstrates its possession, use, and distribution remain illegal under federal law and can have significant consequences.…
USCIS Investigating Extensive Fraud in FY2024 H-1B Registration Process
By James Aldrich & Tim Trunzo
The USCIS has announced it has begun investigations into what it terms “extensive fraud” during the FY2023 and FY2024 H-1B Registration processes (in March 2022, and March 2023, respectively).
U.S. employers wishing to sponsor a foreign national for H-1B status…