Author: Jason R. Mau, Parsons Behle & Latimer

Ask the Expert: Would It Be Noncompliant to Require Employees to Work Both the Day Before and the Day After a Holiday to Receive Holiday Pay?

Question: Would it be noncompliant to require employees to work both the day before and the day after a holiday to receive holiday pay? Also, would it break any pay laws not to provide holiday pay to an employee who calls out sick before a holiday? Answer: Although holiday pay is a common benefit employers provide, […]

AI in Recruiting: Technology as a Partner, Not a Replacement

62% of recruiting leaders express optimism about AI’s impact on recruiting. But, even as AI is steadily integrated into hiring strategy, there remain concerns that this technology will replace human decision making. At HR+AI 2024, industry experts shared advice on how to use AI technology as a supplement to human-first hiring strategy.

Privilege of Dignity: Hospital’s Peer Review Was Protected

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer investigates an employee for potential harassment. In both instances, and in the absence of malice, those investigations are protected by the litigation […]

Attacks Continue to Undermine DEI Programs

Immediately after the Supreme Court’s decisions in SFFA v. Harvard/UNC eliminating the use of race in higher education admissions, questions were raised about corporate diversity, equity, and inclusion (DEI) programs. Edward Blum—founder of the organization Students for Fair Admissions (SFFA) that won the Harvard/UNC decision—and former Trump administration staffer Stephen Miller have aggressively challenged corporate […]

Companies Seek Supreme Court Review of Federal Contractor Minimum Wage

Recreational touring companies are seeking U.S. Supreme Court review of the U.S. 10th Circuit Appeals Court decision upholding President Joe Biden’s $15 minimum wage requirement for federal contractors. The companies claim the wage hike was beyond the president’s authority under the Procurement Act. According to the companies, the “legal problem the mandate creates is straightforward: […]

NLRB’s Administrative Law Judges Face Existential Challenges

Since the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as being apart from the concerns facing other agencies. Recent actions by the courts, however, have begun to challenge the Board’s self-regard. […]

Ask the Expert: Are Absences Related to Fertility Treatment Covered by the FMLA?

Question: We have an employee who is undergoing fertility treatments out of town and misses days sporadically. Do these absences fall under the Family and Medical Leave Act (FMLA)? Answer: Great question; complicated answer. The answer is complicated because a question about FMLA leave is always the start of a longer conversation about whether other […]

The EEOC Has a 3-1 Democratic Majority

With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the remainder of President Joe Biden’s term, but things could change after President Donald Trump takes office. EEOC Has Received Nearly 2,000 […]

Supreme Court Refuses to Uphold Title IX Trans Harassment Guidance

On August 16, the Supreme Court refused to lift lower court orders blocking the Department of Education’s (DOE) new regulations protecting LGBTQ+ students from discrimination based on gender identity. The new rule expanded the definition of sex-based discrimination under Title IX to protect gender identity and sexual orientation discrimination in federally funded schools. The entire […]

DOL Confirms Cybersecurity Guidance Applies to Health and Welfare Plans

On September 6, 2024, the U.S. Department of Labor (DOL) confirmed its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best practices in cybersecurity for plan sponsors, plan fiduciaries, recordkeepers, and plan participants. The retirement plan industry took notice and has generally made […]