Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national…
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Watch Out, Employers: Using Smart Devices in the Workplace May Not Be So Smart
What does the EEOC have to do with smart watches, rings, glasses, helmets and other devices that track bodily movement and other data? These devices, known as “wearables,” can track…

New Year, New Leave Laws – Understanding State Leave Law Updates Effective January 1, 2025
When did you last look at your employee leave policies? As the calendar turns to a new year, new changes often arrive, and 2025 is no exception. Employers should take…

Dust Off That Old Blog Post: Employee Pay When Facing Snow, Ice and Inclement Weather
With inclement weather, snow flurries, and ice in the forecast, we thought it was best to dust off the old blog post and remind you about best practices to address …

No. 10: Unlocking the Secrets of OSHA Inspections Through FOIA Requests
Did you know that you can request files from OSHA? Under the Freedom of Information Act (FOIA), employers, employees, and third parties have the right to request documents from OSHA’s…

I’m WARNing You… Maybe? Bankruptcy Court Considers Exception to Layoff Notice Statute
The federal Worker Adjustment Retraining Notification Act (the WARN Act), generally requires that employers give workers 60 days’ written notice of any plant closings or mass layoffs. If employers do…

No. 9 The Particulars on OSHA Violations: How Much Notice is Enough?
Just what does an OSHA citation have to include? Section 9(a) of the Occupational Safety and Health Act requires that citations
“describe with particularity the nature of the violation, including…

Untangling the Web: SDNY Looks at ADA Internet Accommodations
Wait — why is my favorite employment law blog detouring into the world of website accessibility? If your business has a website, keep reading.
If you read our blog regularly…

Drug Test Woes: State Law Protections for Employee Cannabis Use May Not Protect Them After All
The changing landscape of the cannabis industry is keeping employers on their toes nationwide. As more and more states expand the legalization of cannabis products, we are also seeing a…

Preparing for a Future ICE Storm? Steps Employers Can Take to Prepare for Expected Increase in Immigration Enforcement
With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner and…