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…

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…

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…

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…

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]…

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…

D.C. legislation is taking effect on July 13, 2023, giving sweeping protections to employees who use cannabis recreationally. D.C. Act 24-483, titled the “Cannabis Employment Protections Act of 2022” (the “Law”) will provide most employees in the District with protections based on their off-hours use of cannabis. While this…

Originally published in IRMI’s Winter 2023 issue of Employment Practices Liability Consultant (EPLiC) By Kristin A. Zech Social movements in the United States over the past several years have given rise to a renewed focus on the workplace environment. As a result, diversity, equity,…

Virginia has joined in on the growing trend of implementing a state-mandated retirement program with the new RetirePath Virginia program that goes into effect on July 1, 2023. Created by Virginia state law in an effort to bridge the retirement savings gap, covered employers will…