On June 5, the U.S. Supreme Court issued a unanimous decision, overruling the Sixth Circuit’s “background circumstances” rule in employment discrimination cases. The background circumstances rule required members of a majority group to satisfy a heightened evidentiary standard to prevail
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DOL Announces Enforcement Position on Independent Contractor Rule
On May 1, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin announcing that the Wage and Hour Division (WHD) will no longer enforce the 2024 independent contractor Final Rule previously established by the Biden administration for purposes…
DOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement
On May 19, the Department of Justice (DOJ) announced the launch of the Civil Rights Fraud Initiative, which will use the federal False Claims Act (FCA) to pursue claims against recipients of federal funds that knowingly violate federal civil…
DoorDash Wage Dispute and Impact on Gig Economy
I was quoted in an article for Law360 Employment Authority discussing DoorDash wage disputes following the recent $17 million settlement agreement with the state’s Office of Attorney General’s Labor Bureau over stolen tips.…
Stuck in the Middle: Self-Funded Health Plans and Recent Challenges to State PBM Laws
By Susie Bilbro, Will Gebo & Nicole Roth
In recent years, prescription drug prices have been top-of-mind for state legislators, who have responded by passing laws that seek to control that pricing in a variety of ways, including by regulating pharmacy benefit managers (PBMs).…
IRS Guidance Regarding ACA Employer Information Reporting Requirements
By Susie Bilbro & Nicole Roth
As announced in our previous HR Law Talk blog post, the Paperwork Burden Reduction Act (PBRA) made important changes to employers’ responsibilities to furnish information to employees under the Affordable Care Act (ACA). As part of the changes, employers…
Tennessee Supreme Court Holds that Petitioning the State Government is Not Conduct Protected by the Common Law Tort of Retaliatory Discharge Against a Private Employer
A recent Tennessee Supreme Court decision has addressed a matter of first impression after years of contentious debate regarding employer COVID-19 vaccination policies for employees. Heather Smith (Smith) filed a lawsuit against BlueCross BlueShield (BlueCross) after BlueCross terminated her at-will…
Fourth Circuit Terminates Maryland District Court’s DEI Injunction
On March 14, the U.S. Court of Appeals for the Fourth Circuit granted the government’s motion for a stay pending appeal, terminating a Maryland district court’s injunction of certain elements of President Trump’s January 20 and 21 diversity, equity and…
Register Now | Responding to Policy Shifts Under the Trump Administration
Big Changes Are Coming to the NLRB with President Trump’s Second Term
The National Labor Relations Board (NLRB) is poised for a major shift following recent changes under the Trump administration. With two open seats on the board, President Trump is expected to appoint Republican members, reshaping the NLRB’s political landscape and…