What to Know About the War Being Waged Against DEI
Labor & Employment Insights
by Timia A. Skelton and Anne R. Yuengert
4d ago
Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding that Harvard’s admissions program, which used race as a factor in admissions, violated the Equal Protection Clause of the 14th Amendment. Since ..read more
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Whistle While You Work: Whistleblowers File More False Claims Act Suits in 2024 Than Ever Before
Labor & Employment Insights
by Ty E. Howard, Brad Robertson and Jonathan H. Ferry
1w ago
Individual employees helped the government secure another successful year in False Claims Act (FCA) litigation, as both plaintiffs (whistleblowers) and individual defendants. The government collected more than $2.9 billion in FCA settlements and judgments. Of that, over $2.4 billion arose from qui tam suits. Over 970 qui tam suits were filed in 2024 — the ..read more
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Investigations: Employers Can Avoid Getting in Their Own Way with Some Planning
Labor & Employment Insights
by Jennifer M. Trulock and Anne R. Yuengert
2w ago
At some point, every employer will need to investigate an employee’s complaint. An investigation is an important tool that employers can use to fix a workplace problem and minimize liability. Or, an investigation can create extra risk for employers over and above the risk of the original workplace issue. That extra risk arises when an ..read more
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Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart
Labor & Employment Insights
by Cortlin Bond and Anne R. Yuengert
2w ago
What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track location, brain activity, heart rate, and other mental or physical information about the wearer, which has led some employers to require their employees to wear ..read more
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New Year, New Leave Laws – Understanding State Leave Law Updates Effective January 1, 2025
Labor & Employment Insights
by Stephanie Goldfeld and Anne R. Yuengert
3w ago
When did you last look at your employee leave policies? As the calendar turns to a new year, new changes often arrive, and 2025 is no exception. Employers should take note of the recent updates to state leave laws that went into effect on January 1, 2025. Here are some states have implemented new or ..read more
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Dust Off That Old Blog Post: Employee Pay When Facing Snow, Ice and Inclement Weather
Labor & Employment Insights
by Cortlin Bond, John W. Hargrove and Anne R. Yuengert
1M ago
With inclement weather, snow flurries, and ice in the forecast, we thought it was best to dust off the old blog post and remind you about best practices to address weather-related issues when paying employees. We hope you all stay warm and safe. As always, your priority should be safety for your employees. Here’s a ..read more
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No. 10: Unlocking the Secrets of OSHA Inspections Through FOIA Requests
Labor & Employment Insights
by Jared B. Caplan and Anne R. Yuengert
1M ago
Did you know that you can request files from OSHA? Under the Freedom of Information Act (FOIA), employers, employees, and third parties have the right to request documents from OSHA’s inspection files. These records provide valuable insight into the evidence and reasoning behind OSHA’s decisions, including citations issued during site inspections. They can also be ..read more
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I’m WARNing You… Maybe? Bankruptcy Court Considers Exception to Layoff Notice Statute
Labor & Employment Insights
by James Bailey, Marianna Nichols and Anne R. Yuengert
1M ago
The federal Worker Adjustment Retraining Notification Act (the WARN Act), generally requires that employers give workers 60 days’ written notice of any plant closings or mass layoffs. If employers do not comply with this requirement, then workers can recover backpay. A recent decision from the United States Bankruptcy Court for the District of Delaware addressed ..read more
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No. 9 The Particulars on OSHA Violations: How Much Notice is Enough?
Labor & Employment Insights
by Jared B. Caplan and Anne R. Yuengert
1M ago
Just what does an OSHA citation have to include? Section 9(a) of the Occupational Safety and Health Act requires that citations “describe with particularity the nature of the violation, including a reference to the provision of the Act, standard, rule, regulation, or order alleged to have been violated.” This statutory mandate is designed to ensure ..read more
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Untangling the Web: SDNY Looks at ADA Internet Accommodations
Labor & Employment Insights
by Sarahanne Y. Vaughan and Anne R. Yuengert
1M ago
Wait — why is my favorite employment law blog detouring into the world of website accessibility? If your business has a website, keep reading. If you read our blog regularly, you probably recall a few posts about website accessibility lawsuits and where the courts stand on whether a website is a “place of public accommodation ..read more
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