The Department of Justice (DOJ) withdrew 11 documents providing guidance to businesses on compliance with Title III of the Americans with Disabilities Act (Title III). The DOJ Guidance sets forth how the agency interprets certain issues addressed by Title III of the ADA. Although the guidance has been withdrawn, the law remains the same. Title
DOL Issues Guidance to Agency Staff on Employers’ Use of Artificial Intelligence in the Workplace
The U.S. Department of Labor’s Wage and Hour Division (WHD) has published a Field Assistance Bulletin (FAB) on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated systems in the workplace. Bulletins provide guidance to field staff on enforcing the federal statutes administered by the WHD.
Special Report: PWFA Final Regulations
The Equal Employment Opportunity Commission (EEOC) released the text of the final regulations and interpretative guidance implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. They were formally published in the April 19, 2024, Federal Register and will be effective 60 days later.
The EEOC received more than 100,000 public comments, including comments
EEOC Issues Final Regulations to Implement the Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission (EEOC) has issued final regulations and Interpretative Guidance to implement the Pregnant Workers Fairness Act (PWFA). The PWFA went into effect on June 27, 2023. The PWFA requires that employers with at least 15 employees provide reasonable accommodations, absent undue hardship, to qualified employees and applicants with known limitations related
What Employers Should Know About the Latest CDC COVID-19 Guidance
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including from no mask, to mask, to no mask. On March 1, 2024, the CDC changed the isolation guidance for those with
Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules
Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Employment Opportunity Commission (EEOC) and Department of Justice from
When Will the Ball Drop? Still Waiting on the PWFA Final Regulations
We rang in the new year waiting and watching for the issuance of the EEOC’s final regulations implementing the Pregnant Workers Fairness Act (PWFA). The Office of Information and Regulatory Affairs (OIRA) received the text of the final regulations for review on December 27. Assuming that the EEOC’s final regulations clear this review, we expect
U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue
The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA). Acheson Hotels, LLC v. Laufer, No. 22-429. However, the Court declined to address the merits of whether the tester had a sufficient
New York City’s Final Rules on Safe and Sick Time Become Effective
On September 15, 2023, the New York City Department of Consumer and Worker Protection (DCWP) issued a final rule (Final Rule) on the city’s Earned Safe and Sick Time Act (ESSTA).
The Final Rule provides some clarification on various compliance issues such as coverage, required notice of usage, supporting documentation that can be requested, the
EEOC’s Proposed Pregnant Workers Fairness Act Regulations: Oh Mama!
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) formally published proposed regulations to implement the Pregnant Workers Fairness Act (PWFA). In a matter of just under 9 months, since the law was enacted at the end of 2022, the EEOC crafted 275+ pages worth of regulations, preamble and interpretive guidance to