Employment Law Archives - Ogletree Deakins

Government Shutdown to Halt Activities of Federal Labor and Employment Agencies

By: James J. Plunkett and Zachary V. Zagger — Fri, 29 Sep 2023 01:28:35 +0000

Another federal government shutdown appears imminent as lawmakers reportedly remain deadlocked along partisan lines on an agreement to extend funding ahead of a 12:00 a.m. October 1, 2023 deadline. A government shutdown would result in tens of thousands of federal employees being furloughed and would bring federal agencies charged with enforcing federal labor and employment laws to a standstill.

Unwanted World Cup Kiss—Incident Involving Spain Soccer President Highlights Workplace Harassment Risks

By: William E. Grob and Zachary V. Zagger — Wed, 13 Sep 2023 20:56:05 +0000

Luis Rubiales resigned as the president of the Spanish soccer federation (RFEF) amid controversy over his kissing a women’s national team player without her consent following the team’s 2023 FIFA Women’s World Cup win. The situation has sent shockwaves across the sports world and may serve as a reminder for employers in the United States of the persistent dangers of ignoring sexual harassment in the workplace.

California Legislature Sends Bill Prohibiting Caste Discrimination to the Governor

By: Charles L. Thompson, IV and Christopher Reilly — Tue, 12 Sep 2023 23:48:27 +0000

California is one step closer to becoming the first state to enact legislation banning caste-based discrimination. Senate Bill No. 403 adds caste to the list of characteristics protected by the California Fair Employment and Housing Act, the Unruh Civil Rights Act, and the California Education Code.

California Legislature Advances Employment Law Bills in Final Weeks of Session

By: Christopher W. Olmsted — Wed, 06 Sep 2023 01:06:53 +0000

As the September 14, 2023, deadline to pass bills during the current session of the California Legislature fast approaches, the California Senate and Assembly are considering several employment law bills. Many are likely to pass. Below is a summary of some of the more significant bills.

It’s 2023: Do You Know Where Your Workers Are? Key Considerations for Managing a Remote Workforce

By: Michael K. Mahoney, Melissa M. Pesce, and Zachary V. Zagger — Wed, 06 Sep 2023 01:05:43 +0000

While many employers tout the flexibility of work-from-home as a benefit for employees, managing a remote workforce can raise a number of multistate compliance challenges. In particular, remote and hybrid work has significant implications for employers’ state and local tax withholding and unemployment insurance contribution obligations.

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

By: Tiffany Cox Stacy and Zachary V. Zagger — Tue, 22 Aug 2023 23:30:19 +0000

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended long-standing precedent, significantly broadening the types of adverse employment actions that could give rise to an actionable claim. Prior to this decision, and for nearly thirty years, Fifth Circuit precedent required a plaintiff under Title VII of the Civil Rights Act of 1964 to show he or she had been subjected to an “ultimate employment decision” to state a cognizable discrimination claim.

Hawaii Wildfires: The Need for Disaster Preparedness … Just in Time for Peak Hurricane Season

By: Tiffany Cox Stacy and Zachary V. Zagger — Tue, 22 Aug 2023 16:44:24 +0000

The Hawaiian island of Maui has been ravaged by unprecedented and quickly moving wildfires, which have taken a particular toll on hospitality employers. As the U.S. enters peak hurricane season, the Hawaiian and Canadian wildfires and the flooding caused by the recent California tropical storm serve as a reminder for employers to consider implementation or revision of their disaster plans, among other legal and practical considerations.

IRS Finalizes Rules to Collect Taxes on Erroneously Claimed Employee Retention Credits and Other COVID-19 Tax Credits

By: Michael K. Mahoney, Stephen Kenney, and Zachary V. Zagger — Thu, 17 Aug 2023 16:46:14 +0000

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) have finalized rules for the recapture of erroneously claimed Employee Retention Credits (ERC) and other tax credits provided to employers for COVID-19 paid sick and family leave, treating them as an underpayment of taxes that may be assessed and collected. The new final rules were published on July 26, 2023, and remove and replace the temporary and proposed regulations released in 2020 and 2021.

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

By: Nonnie L. Shivers and Zachary V. Zagger — Thu, 10 Aug 2023 18:43:23 +0000

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. The case highlights the tension between discrimination against LGBTQ+ individuals and discrimination based on religion amid evolving and sometimes conflicting legal standards and guidance, including based on the Supreme Court of the United States’ heightened standard for undue hardship for religious accommodations.

The Supreme Court’s Affirmative Action Ruling: A Shift in How Private Employers Approach DEI?

By: T. Scott Kelly, Linda S. Goldman, and Zachary V. Zagger — Wed, 09 Aug 2023 17:12:16 +0000

The Supreme Court of the United States’ recent decision to strike down affirmative action admissions policies in higher education is having significant indirect consequences for private employers and their diversity, equity, and inclusion (DEI) efforts. While the decisions will directly affect admissions policies at higher education institutions across the country, private employer DEI policies and initiatives, voluntary affirmative action programs, and environmental, social, and governance (ESG) efforts are facing greater scrutiny and legal challenges and employers may need to adapt to this quickly evolving legal landscape.

Biden Administration Renews Focus on Disability Discrimination as ADA Turns 33

By: David Raizman and Zachary V. Zagger — Wed, 26 Jul 2023 21:11:17 +0000

In a presidential proclamation on the 33^rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more to do,” signaling a continued emphasis by the administration on disability discrimination.

Fifth Circuit Holds Christian-Owned Business Has Religious Exemption From LGBTQ+ Discrimination Claims

By: Hal D. Ungar and Zachary V. Zagger — Fri, 21 Jul 2023 19:22:35 +0000

The U.S. Court of Appeals for the Fifth Circuit recently ruled that prohibitions against discriminatory employment practices against the LGTBQ+ community under Title VII of the Civil Rights Act of 1964 are inapplicable to religious, private, for-profit companies that possess sincere, religious objections to gender nonconforming conduct.

Maine Raises Discrimination Damages Caps and Expands Employee Protections

By: Aimee B. Parsons, Brooke K. Haley, and Zachary V. Zagger — Fri, 21 Jul 2023 16:29:03 +0000

Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act (MHRA), expanding the protections of Maine Equal Pay Law to include race, amending the Workers’ Compensation Act to permit individual liability for sexual harassment and sexual assault, allowing non-tipped restaurant workers to participate in tip pools, and prohibiting employers from requiring veterinarians to enter into noncompete agreements.

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

By: T. Scott Kelly and Emily M. Halliday — Thu, 20 Jul 2023 19:10:39 +0000

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion initiatives. The decision also contained a robust debate over the government’s race and ethnicity categories, which the university respondents used in their admissions processes. Many employers use those same race and ethnicity categories for various government reporting and recordkeeping purposes.

The Supreme Court’s Religious Accommodations Ruling and the Evolution of ‘Undue Hardship’ From Hardison to Groff

By: J. Paul Rinnan — Fri, 07 Jul 2023 19:42:30 +0000

How much burden must a company demonstrate before it is relieved of the obligation to accommodate an employee’s religious beliefs in the workplace under Title VII of the Civil Rights Act of 1964? On June 29, 2023, the Supreme Court of the United States issued a decision clarifying the answer to this question.