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title VII

EEOC Provides AI Resource Document

The Equal Employment Opportunity Commission (EEOC) has issued a technical assistance document concerning adverse impact under Title VII of the Civil Rights Act of 1964 that results from the use of software and artificial intelligence. Due to the end of the COVID-19 public health emergency, the EEOC has updated its guidance on COVID-19 and the civil rights laws that the EEOC enforces.

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COVID Vaccine Mandates End

The Biden Administration announced that the COVID vaccine requirement for federal employees and contractors would end on May 11th, the day the COVID public health emergency is over. Members of Congress are urging the FTC to finalize the ban on noncompete agreements and Senator Bernie Sanders (I-VT) has introduced legislation to raise the minimum wage to $17 per hour.

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Congressional Committee Examines Independent Contractors

With the release of a proposed rule concerning independent contractors by the Department of Labor, a House of Representatives Subcommittee held a hearing to examine the impact of the proposed rule. A federal district court in Texas ruled that some of the preventive care requirements in the Affordable Care Act are unconstitutional. Legislation has been introduced in Congress that would increase the salary basis threshold resulting in more employees qualifying for overtime.

President Signs Legislation Ending COVID National Emergency

The COVID national emergency ended on April 10th and in anticipation of this plus the termination of the COVID public health emergency, three federal agencies issued guidance for employers. Congress failed to override a presidential veto of legislation attempting to block a Department of Labor regulation stating that pension managers may consider environmental, social, and corporate governance (ESG) when making investment decisions. The Equal Employment Opportunity Commission (EEOC) has increased penalties for failing to display the required poster, two federal agencies have entered into a partnership to collaborate on efforts to protect workers, and the National Labor Relations Board (NLRB) has reported increased activity during the first six months of the current fiscal year.

Alchemizing An HRCI Summit

Join us for “Alchemizing: An HRCI Summit,” March 28-30

HRCI will host its popular Alchemizing summit later this month, offering attendees an in-depth look at the latest strategies and best practices to nurture inclusive and mentally healthy workplaces for all.


Additional Time Provided To Submit Comments on Noncompete Rule

The Federal Trade Commission (FTC) is giving the public until April 19th to file comments on the proposed rule that would ban noncompete agreements. The Office of Federal Contract Compliance (OFCCP) has rescinded the religious exemption rule for federal contractors and subcontractors and a 32 hour workweek bill has been reintroduced in Congress and is part of the growing global four-day workweek movement.

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Supreme Court Approves Overtime for Highly Paid Employee

The United States Supreme Court ruled that an employee who earned over $200,000 per year was paid on a daily rate and was entitled to overtime under the Fair Labor Standards Act (FLSA). The Wage and Hour Division issued a Field Assistance Bulletin providing guidance on ensuring that employees who telework are paid properly under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) eligibility rules are properly interpreted

Inverting the Pyramid: How HR Can Respond to the Talent Crisis

While leaders contend with an unpredictable 2023 business environment, the struggle to find and retain talent lingers as a top concern. For some companies, the lack of trained and available staff has been a direct and highly visible cause of lackluster revenue, underperforming earnings and angry customers. A recent Manpower Group study reported that seventy-five percent of companies surveyed across eight countries and regions were experiencing talent shortages, creating profound implications for the retention and upskilling of workers.

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30th Anniversary of the FMLA

In early February, the Family and Medical Leave Act (FMLA) reached its 30th anniversary. Efforts continue in Congress to expand the law to provide paid leave and increase the coverage of the law. The Labor Department’s Wage and Hour Division has issued an opinion letter concerning taking FMLA by an employee with a chronic health condition who cannot work more than eight hours per day.

Religious Accommodations Case Gets Supreme Court Review

The United States Supreme Court will review during this term, a religious accommodations case involving an employee of the United States Postal Service. The Equal Employment Opportunity Commission (EEOC) has updated a resource document on hearing disabilities in the workplace. The Occupational Safety and Health Authority (OSHA) requires employers to post by February 1st, a form detailing work-related illnesses and injuries during the previous year and also has increased its civil penalties to reflect the increase in the cost of living.

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Overtime Proposed Rule Release Planned in May

The U.S. Department of Labor has rescheduled the release of its proposed salary basis threshold rule for May and the Federal Trade Commission has issued a proposed rule that would ban employers from imposing noncompete agreements on their workers.


Congress Enacts Workforce Issues

The start of the year marked the beginning of a two-year session of Congress. Prior to adjourning in December, the Congress included in its bill funding the federal government the Pregnant Workers Fairness Act, the Providing Urgent Maternal Protections for Nursing Mothers Act, and the Securing a Secure Retirement Act.

Early Biden Policies Lean Pro-Worker

President Signs Speak Out and Respect for Marriage Legislation

President Joseph Biden has signed the Speak Out Act and the Respect for Marriage Act and The Department of Labor has found numerous Fair Labor Standards Act (FLSA) violations in the care industry as a result of a recent initiative designed to improve compliance.

Diversity, Inclusion and Disability Employment Awareness

Sixty-one million adults in the United States live with a disability. The majority have mobility issues, followed by neurodiversity, hearing, and vision. And yet, every one of these individuals has abilities – not just disabilities – that can contribute to the workforce when disability inclusion is core to an employer’s DEI programs.


Freight Railway Workers Strike Prevented

Congress exercised the power it has under the Railway Labor Act to prevent a freight railway workers strike by ratifying the agreement that was negotiated by railway workers and management. The Labor Department issued a final rule that allows retirement plan fiduciaries to consider climate change and other environmental, social and governance (ESG) factors when selecting retirement investments. The US Court of Appeals for the Ninth Circuit decided that the time spent by turning on and loading programs on computers was compensable under the Fair Labor Standards Act (FLSA).