It is now spring, and if you are an educational entity, it is now the season to begin preparations for summer professional development for the upcoming school year. So you may be wondering: 1) What is going on with Title IX? 2) Are we still following the regulations that were released in 2020? 3) What …
A New Era of Maternity Rights: Understanding the PWFA and the PUMP Act
Within the past year, the rights of pregnant workers have considerably increased within the workplace. The expansion started with the Pregnant Workers Fairness Act (“PWFA”), which President Biden signed into law in late 2022. The PWFA took effect in June 2023. The PWFA requires that employers provide reasonable accommodations to pregnant employees. Additionally, the Consolidated …
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Growing Pains: Cultivating Effective Workplace Policies in a Recreational Cannabis State
With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow recreational marijuana. When Ohio allowed medical marijuana back in 2016, Ohio employers had to learn …
Is Your HR Department Aware of the Latest EEOC Priorities?
Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the federal government is prioritizing its employment dollars. The EEOC has more work than it can timely handle. Thus, it prioritizes the …
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Religious Accommodation in a Post-Groff Employment Landscape
As the Supreme Court’s session was concluding, the Supreme Court issued Groff v. DeJoy, Postmaster General, No. 22-174 (June 29, 2023), an opinion that changes the employment landscape as it pertains to religious accommodations for employers and what actually constitutes an “undue hardship.” In Groff, the Supreme Court held, “Title VII [of the Civil Rights …
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Did You Hear about the New Law Requiring Employers to Provide Reasonable Accommodations to Pregnant Employees?
On Tuesday, June 27, 2023, the Pregnant Workers Fairness Act (PWFA) became law and requires covered employers to provide “reasonable accommodations” to a worker’s known limitations that are related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer an undue hardship. The PWFA applies to all federal and state employers …
Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions
A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate notice of an FLSA suit to employees who were not originally parties” to the lawsuit. This case, Clark v. A&L …
Employment Law Reminder for Educational Entities — Consider Special Rules Within FMLA, FLSA, and Title IX
While employers at most educational entities, such as K-12 schools, must follow applicable federal employment laws, there are unique provisions within those employment laws and other regulations that these employers must keep in mind. Of course, many schools have collective bargaining agreements, as well as applicable state and local statutory and regulatory provisions that they …
Layoffs Require Careful Planning to Avoid Costly Lawsuits
Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone.[1] If companies and HR professionals do not carefully plan group terminations, they could face long, expensive lawsuits filed by multiple …
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NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements
In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in employment contracts because they substantially interfere with employees’ National Labor Relationship Act (“NLRA”) Section 7 rights. On March 22, 2023, …