The Equal Employment Opportunity Commission (“EEOC”) recently issued guidance and online resources to aid employers in avoiding sexual orientation and gender identity discrimination in the workplace. The guidance coincides with the one-year anniversary of the Supreme Court’s decision in Bostock v. Clayton County, finding that firing individuals because of their sexual orientation or transgender status constitutes discrimination  because of sex. The EEOC’s guidance provides more nuanced detail regarding the Agency’s position on sexual orientation and…

On Thursday, June 10, 2021, OSHA released its long awaited COVID-19 Emergency Temporary Standard (ETS). Despite beliefs that the ETS would address all workplace settings, it only addresses workplace safety in the health care industry. Answers to the key questions regarding the ETS are outlined below: Who does the ETS apply to? The ETS generally applies in all settings where any employee provides healthcare services or healthcare support services. This includes employees in hospitals,…

Effective today, May 7, 2021, the U.S. Department of Labor (“DOL”) is officially withdrawing independent-contractor rule approved in early January and at the end of the Trump Presidency, which would have made it easier for businesses to classify workers as independent contractors rather than employees under the Fair Labor Standards Act (“FLSA”). Under President Trump’s framework, two core factors were prioritized and deemed most probative as to the question of whether a worker was economically…