The Pregnant Workers Fairness Act (PWFA), in force since June 27, 2023, requires employers with 15 or more employees to accommodate pregnancy-related limitations. The Equal Employment Opportunity Commission (EEOC) recently released a 408-page final rule on April 15, 2024, implementing the PWFA, effective from June 18, 2024.

This post will recap some of the key

Earlier this month, the Supreme Court considered whether James Freed, a city manager who maintained a “mixed use” Facebook account on which he posted information about his personal life and his job, violated the First Amendment and was subject to liability under 42 U.S.C. § 1983 (“Section 1983”) when he deleted comments with which he

On Monday, February 5, 2024, the Region 1 Regional Director of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election that permits the Dartmouth College men’s basketball team to proceed forward with a union election. 

The National Labor Relations Act (“NLRA”) grants expansive rights to employees of most private sector

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a final rule (“Final Rule”) defining the term independent contractor under the Fair Labor Standards Act (“FLSA”), rescinding the previous definition of independent contractor outlined in 2021 (“2021 Rule”). The Final Rule establishes a six-factor test based on the economic reality of the worker

Scenarios that arise for employers under the Americans with Disabilities Act and the Family Medical Leave Act are often complex and without simple solutions. Oftentimes, these situations hinge on a particular fact that might be unusual or unique. In this podcast, we will present a brief overview of the ADA and FMLA, look at some

We begin Season 2 of From Lawyer to Employer with a discussion about the recent Stericycle Decision from the National Labor Relations Board. Listen as guest speaker, Sarah Niemiroski chats with host, Daniel Schwartz about the the far-reaching impacts this decision has for employers when creating workplace policies. What’s different about Stericycle as opposed to Boeing? What type

Today the Internal Revenue Service (IRS) announced the new dollar limits that apply for retirement plans in 2024. These annual limits generally continue to increase (in some cases rather substantially compared to the limits in effect just ten years ago), based on the cost-of-living calculation methodology that is set forth in the Internal Revenue Code. 

Employers often struggle with what to do when employees fail to report their time accurately. A recent decision by the Second Circuit illustrates how costly it can be for employers who don’t address the issue properly.  

In Perry et al. v. City of New York, the Second Circuit upheld a significant jury verdict in

On August 25, 2023, the IRS delayed the requirement, originally slated to be effective in 2024, that catch-up contributions for higher earners be made on a Roth basis.  Now, that provision will be effective in 2026.  This applies to 401(k), 403(b) and governmental 457(b) plans.

SECURE 2.0 requires that individuals whose prior year wages exceed $145,000 and