June 2024 Newsletter

June 2024

The Pregnant Workers Fairness Act (PWFA) final implementation rule is set to take effect on June 18, almost a year after the law first took effect. While a lawsuit has been brought by 19 states against the regulation, 23 other states recently filed a brief in its defense. The controversy stems from the U.S. Equal Employment Opportunity Commission’s (EEOC’s) definition of the term “pregnancy, childbirth or related medical conditions” as including abortion.

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April 2024 Newsletter

April 2024

When an employee makes an informal or formal complaint, the employer should take immediate steps to stop the alleged conflict, protect involved parties and begin investigations. Under many laws (e.g., Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Occupational Safety and Health Act (OSHA), the Sarbanes-Oxley Act, state and local nondiscrimination laws), employers are legally obligated to investigate complaints (harassment, discrimination, retaliation, safety and ethical) in a timely manner.

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March 2024 Newsletter

March 2024

The plaintiff worked as a science teacher since 2004. She suffers from a number of medical conditions, including migraines, intracranial hypertension, affective disorder, vertigo and attention-deficit/hyperactivity disorder. These conditions, together with medication that she takes to control them, adversely effects her major life activities. Smithson has problems with balance; experiences difficulty walking and driving; has breathing problems; and experiences impaired vision, speech and memory.

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February 2024 Newsletter

February 2024

Defense Secretary Lloyd Austin’s failure to disclose his recent hospitalization has triggered an uproar in Washington, D.C. and in workplaces beyond the capital city. Experts have said employees should be prepared to disclose basic information about their own hospitalizations, for their own protection.

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January 2024 Newsletter

January 2024


Potential leave entitlement doesn't end with the exhaustion of 12 weeks of leave under the Family and Medical Leave Act (FMLA) but may be extended for a specified period of time under the Americans with Disabilities Act (ADA), so long as that doesn't result in an undue hardship on the employer. ADA and FMLA obligations should be coordinated, including health insurance and return to work.

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December 2023 Newsletter

December 2023

The short interval between an employee's request for a medical accommodation and his termination was sufficient to show causation in the early stages of his discrimination and retaliation claims, the 8th U.S. Circuit Court of Appeals ruled. The court also held that a jury could reasonably conclude from the evidence that the employer's reasons for firing the employee were a pretext crafted after having already decided to terminate him because of his accommodation request.

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November 2023 Newsletter

November 2023

The new Form I-9, Employment Eligibility Verification, originally released on August 1, 2023, is now mandatory for all new hires, effective November 1, 2023. The enactment of the new form contained a grace period, during which employers could continue to use the new form or the old form, dated 10/21/2019, until October 31, 2023.

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October 2023 Newsletter

October 2023

The 11th U.S. Circuit Court of Appeals determined a deaf employee could proceed to trial under the Americans with Disabilities Act (ADA) over an employer's failure to provide text message summaries of safety meetings and an interpreter at a disciplinary hearing as accommodations.

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September 2023 Newsletter

September 2023

Federal laws, such as the Federal Insurance Contributions Act, the Fair Labor Standards Act and the Equal Pay Act, impose recordkeeping duties on employers. Recordkeeping duties include creating, updating and preserving information.

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August 2023 Newsletter

August 2023

Your employee handbook is an important document. Not only does it help employees understand company policies, promote solid company-employee communication and set a consistent standard of expectations, but it can also have serious legal ramifications.

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July 2023 Newsletter

July 2023

The U.S. Supreme Court has ruled that employers can only deny an employee's request for a religious accommodation under federal law if they can prove it would result in substantial increased costs for the business.

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June 2023 Newsletter

June 2023

For 2024, individuals with a high deductible health plan (HDHP) will have an HSA contribution limit of $4,150. The HSA contribution limit for family coverage will be $8,300. Those amounts are about a 7% increase over what you can contribute this year for 2023. 

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May 2023 Newsletter

May 2023

The Pregnant Workers Fairness Act (PWFA) is a new law that requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.”
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April 2023 Newsletter

April 2023 Newsletter

In February of this year, the Internal Revenue Service released final rules expanding mandatory electronic filing requirements for certain employer tax...

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March 2023 Newsletter

March 2023

Employers often misunderstand the Family and Medical Leave Act's (FMLA's) definition of an employee who is eligible for FMLA leave, and they can't figure out...

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January 2023 Newsletter

January 2023

The Consolidated Appropriations Act of 2023 was signed by President Joe Biden on December 29, 2022. The act includes several provisions affecting employers, with major provisions listed below. 

December 2022 Newsletter

December 2022

With a new year comes new benefit plan limits and thresholds as prescribed by the IRS.

November 2022 Newsletter

November 7, 2022

While grounds for immediate dismissal vary from employer to employer, violations of certain policies can lead to an employee's quick exit...

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October 2022 Newsletter

October 10, 2022

Employers are required to retain important employee documents including government forms, sensitive employee information...

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September 2022 Newsletter

September 12, 2022

SERVICE ANIMALS AND THE WORKPLACE Approximately two and a half years ago, the World Health Organization (WHO) declared COVID-19 a...

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August 2022 Newsletter

August 15, 2022

An Employer’s Guide to Handling Worker’s Compensation Claims Here are the standard steps to for employers to use when administering a...

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July 2022 Newsletter

July 13, 2022

The U.S. Department of Labor (DOL) announced that its proposed overtime rule is now tentatively slated to be released in...

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June 2022 Newsletter

June 7, 2022

COBRA Administration COBRA administration can be handled by either the employer or a third-party administrator, but as the legal obligation...

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May 2022 Newsletter

May 9, 2022

Common FMLA Mistakes Many employers have learned the hard way that common mistakes by untrained HR and people managers...

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April 2022 Newsletter

April 11, 2022

The Americans with Disabilities Act. What is the “interactive process?” During the interactive process—a discussion about an applicant's or employee's...

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March 2022 Newsletter

March 14, 2022

Is part-time work a reasonable accommodation under the ADA (Americans with Disabilities Act)? According to a recent ruling made...

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February 2022 Newsletter

February 10, 2022

Handling Workplace ComplaintsWorkplace complaints are inevitable for most employers. Employers should have a plan in place to deal with complaints...

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US Supreme Court blocks Vaccine Mandate for Employers; allows rule or Healthcare Workers

January 17, 2022

The Supreme Court on Thursday issued mixed rulings in a pair of cases challenging the Biden administration COVID-19 vaccine mandates, allowing the requirement for...

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January 2022 Newsletter

January 13, 2022

SUPREME COURT TO HEAR VACCINE DIRECTIVES CHALLENGES IN JANUARY Lawsuits aiming to block the Biden administration's vaccination directives for certain...

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