Employment & Labor Law
by Drew Smith | January 28, 2026 |
Employment & Labor Law
Originally published in IRMI’s Fall 2025 issue of Employment Practices Liability Consultant Key Takeaways Historically, “reverse” discrimination claims, such as those brought by majority-group members (including white, male, or heterosexual individuals), faced heightened pleading standards in several circuits, often resulting in early lawsuit dismissal. The…
by Shelby Julien | June 10, 2025 |
Employment & Labor Law
In an opinion delivered on June 3, 2025, a unanimous U.S. Supreme Court resolved a circuit split among federal courts regarding the validity of the “background circumstances rule” – a rule which requires majority-group plaintiffs to meet a different burden of proof in Title VII discrimination…
by Samy W. Abdallah | November 18, 2024 |
Employment & Labor Law
The Department of Labor (“DOL”) issued its first guidance on the use of artificial intelligence (“AI”) in the workplace on October 16, 2024. However, the DOL’s AI Principles and Best Practices should not be confused as a product of its rulemaking authority. Nor…
by Charles L. Bonani | March 14, 2024 |
Employment & Labor Law
Late into the evening on Friday, March 8, 2024, after lengthy litigation and two delays of the rule’s effective date, the U.S. District Court for the Eastern District of Texas vacated the National Labor Relation Board’s (“NLRB”) new rule on the standard for determining joint-employer status…
by Nick Johnson | February 7, 2024 |
Employment & Labor Law
Originally published in IRMI’s Fall 2023 issue of Employment Practices Liability Consultant (EPLiC) By Nick Johnson and Shelby Julien The Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023, is focused on providing temporary accommodations to pregnant workers with…
by Samy W. Abdallah | January 18, 2024 |
Business Litigation
, Employment & Labor Law
The U.S. Department of Labor (“DOL”) published a long-awaited final rule (the “2024 Final Rule”) on January 9, 2024, defining what it means to be an “independent contractor” under the Fair Labor Standards Act (“FLSA”). In sum, the 2024 Final Rule is…
On Behalf of Berenzweig Leonard, LLP | November 7, 2023 |
Business Litigation
, Employment & Labor Law
Originally published in IRMI’s Summer 2023 issue of Employment Practices Liability Consultant (EPLiC) By Rachael Haley and Declan Leonard Key Takeaways The National Labor Relations Board (NLRB)’s McLaren Macomb decision was a return to prior, long- standing precedent that employers may not offer nonsupervisory employees severance…
On Behalf of Berenzweig Leonard, LLP | October 31, 2023 |
Employment & Labor Law
New Form I-9s On August 1, 2023, the U.S. Citizenship and Immigration Services (“USCIS”) released a revised version of the Form I-9, Employment Eligibility Verification that must be used for all new hires and rehires starting November 1, 2023. The notable changes in the new form…
On Behalf of Berenzweig Leonard, LLP | July 6, 2023 |
Employment & Labor Law
The EEOC recently released valuable guidance for employers on the use of Artificial Intelligence (AI) during the hiring process. The EEOC guidance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964”[1]…
by Samy W. Abdallah | June 29, 2023 |
Employment & Labor Law
The National Labor Relations Board (“NLRB”), in its June 13, 2023, The Atlanta Opera, Inc., decision, modified the standard for determining whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “Act”). The ruling sees the NLRB return to its employee-friendly standard…
