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Latest from HR Law Talk

HR Law Talk

Supreme Court – Same Burden of Proof Applies to All Plaintiffs in Title VII Discrimination Claims, Removing Greater Burden for “Reverse Discrimination” Claims

By Tim K. Garrett & Alex Redmond
June 16, 2025

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…

HR Law Talk

DOL Announces Enforcement Position on Independent Contractor Rule

By Mary Leigh Pirtle & Alex Redmond
May 22, 2025

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…

HR Law Talk

DOJ’s New Civil Rights Fraud Initiative – Expect Increased Enforcement

By Richard Arnholt, Denise Barnes, Scott Gallisdorfer & Tim K. Garrett
May 21, 2025

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…

HR Law Talk

DoorDash Wage Dispute and Impact on Gig Economy

By Tim K. Garrett
May 15, 2025

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.…

HR Law Talk

Stuck in the Middle: Self-Funded Health Plans and Recent Challenges to State PBM Laws

By Susie Bilbro, Will Gebo & Nicole Roth
May 2, 2025

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).…

HR Law Talk

IRS Guidance Regarding ACA Employer Information Reporting Requirements

By Susie Bilbro & Nicole Roth
April 10, 2025

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…

HR Law Talk

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

By Robert Horton & Alex Redmond
April 7, 2025

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…

HR Law Talk

Fourth Circuit Terminates Maryland District Court’s DEI Injunction

By Richard Arnholt & Tim K. Garrett
March 17, 2025

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…

HR Law Talk

Register Now | Responding to Policy Shifts Under the Trump Administration

By Lymari Cromwell, Tim K. Garrett, Robert Horton, Mary Leigh Pirtle, Will Abramson, Ashley Li, Alex Redmond & Hunter K. Yoches
March 4, 2025


As we navigate a new year and a new administration, we are all grappling with an unprecedented wave of executive orders and memoranda from the Trump administration that are reshaping the workplace.
From dramatic shake-ups in the EEOC and NLRB…

HR Law Talk

Big Changes Are Coming to the NLRB with President Trump’s Second Term

By Tim K. Garrett & Hunter K. Yoches
March 3, 2025

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…

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