Author: Federal Employment Law Insider

Attacks on DEI Increase

Corporate diversity, equity, and inclusion (DEI) programs continue to face new challenges after the Supreme Court’s decision last year banning explicit use of race in admissions to higher education—SFFA v. Harvard/UNC. It’s important to recognize that although the Court’s decision didn’t change the law, it did change how corporate DEI programs are perceived and, thus, […]

4 Employee Engagement Trends for CEOs to Follow

It’s no secret that an engaged employee is more likely to stay at their place of work. That’s why CEOs understand the importance of fostering engagement among their staff, which increases an organization’s chances of retaining talent and cutting down on turnover. Retention remains a major challenge for leaders, with one in five workers who […]

Leadership & Cybersecurity: Learning from the Cyberattack on Change Healthcare

Hospital and health systems have been going through the wringer for a few years now. The last thing CEOs needed on their plate was a cyberattack at the scale and magnitude of the one Change Healthcare suffered. And yet, what is being called “the most significant cyberattack on the U.S. healthcare system in American history” is now […]

Case Study: When Discussing Accommodations, Follow Interactive Process

The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger […]

Unions Seeking to Organize in Nontraditional Industries, Including Financial Services

Union-organizing efforts aren’t limited to historical union strongholds like manufacturing, construction, and the public sector. Even though unions currently represent only about 1.3% of the financial services industry, they’re looking to organize financial services employees. Case in point: On December 20, 2023, Wells Fargo branch employees in Albuquerque, New Mexico, voted 5 to 3 in […]

Biden Admin Issuing Salary Rules to Eliminate Gender, Racial Gaps

On January 29, 2024, the Biden administration announced two new measures aimed at eliminating gender and racial gaps in average earnings among employees of the federal government and federal contractors.  Details First, the Biden administration has directed the Office of Personnel Management (OPM) to issue a final rule prohibiting the use of nonfederal salary history […]

From $366 Million to $249,000: Takeaways for Employers from Appellate Ruling on Damages Caps

Among the many perils of litigation, one of the biggest concerns employers express is the risk of an astronomical jury verdict. On Feb. 1, 2024, the Fifth Circuit Court of Appeals addressed this issue when it cut an eye-popping $366 million jury verdict against FedEx to just $249,000. The decision in Harris v. FedEx Corporate […]

Healthcare Leaders Shares Best Practices for Communicating with Unions

Right now, it seems like every day there are new cases of workers striking or unionizing all across the country. Healthcare is no exception: nurses everywhere are going on strike. Nurses are frustrated, and the recent union activity is indicative of large, widespread problems in the nursing industry with staffing, work environment, and nurse wellbeing. […]

Ask the Expert: Determining FMLA Leave

Question: One of our employees is on intermittent Family and Medical Leave Act (FMLA) leave. She’s gotten sick and claims it’s unrelated to her reasons for being on FMLA leave. Can we include these days in her FMLA time and have them go unpaid? Answer: No. Unless you have reason to believe she’s being untruthful, […]

Cruisin’ for a Brew-sin’: SCOTUS to Resolve Circuit Split Over Unionization at Starbucks

The boiling dispute over the unionization of baristas is heading to the U.S. Supreme Court (SCOTUS). Section 10(j) of the National Labor Relations Act (NLRA) authorizes federal courts to issue preliminary court orders against employers that are allegedly violating federal labor law. This allows the National Labor Relations Board (NLRB) to seek such extraordinary relief […]