Labor & Employment Law Perspectives

The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on May 15, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued “capstone” technical guidance that aggregates more than 20 updates the EEOC made

In a May 4, 2023, announcement, the U.S. Department of Homeland Security (DHS) granted employers through August 30, 2023, to complete the physical document inspection required for Form I-9, Employment Eligibility Verification, after relying on the COVID-19 temporary I-9 flexibility procedures. This is an extension of about thirty days from the previous deadline.

On April 18, 2023, the U.S. Supreme Court heard arguments in a high-profile case seeking to alter employers’ obligations to accommodate workers’ religious observances. Federal law currently requires covered employers to reasonably accommodate employees’ sincerely held religious beliefs — unless doing so would create an “undue hardship” for the employer. Examples of religious accommodations include

As our readers might expect, new guidance from the Department of Labor and recent case law continue to shape how human resources professionals should be thinking about administering leave under the Family and Medical Leave Act (FMLA).
Regarding teleworking and remote work, the Department of Labor (DOL) recently issued a Field Assistance Bulletin (FAB No.

With the holiday season approaching, employers should be mindful that office holiday parties can create HR headaches. As pandemic restrictions have declined, employers are eager to host, and employees are eager to attend, in-person social events.
However, a number of employment laws could be implicated from a holiday party gone wrong. Consequently, employers should keep

On October 11, 2022, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension through July 31, 2023 of Form I-9 remote verification flexibilities first announced in March 2020 and later updated in March 2021.
The March 2020-announcement, issued in response to COVID-19 public health guidance and precautions,

Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected absence pursuant to federal, local, or state law,” and clarifies that assessing attendance points (or taking similar actions such as issuing