Labor & Employment Law Update

On July 8, 2020, in a 7-2 ruling, the US Supreme Court held in Little Sisters of the Poor v. Pennsylvania that employers with a “religious or moral objection” to contraceptives may opt out of providing contraceptive coverage to their employees, without penalty, under the Affordable Care Act (ACA). The […]

On July 16, 2020, the U.S. Department of Labor (“DOL”) announced that it will publish a Request for Information (“RFI”) in the Federal Register seeking public feedback on the administration and use of the Family and Medical Leave Act (“FMLA”).  At the same time, the DOL released simplified FMLA forms […]

On June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that, under Title VII of the Civil Rights Act of 1964, employers cannot discriminate on the basis of sexual orientation or gender identity. Title VII protects employees, at companies with 15 or more employees, from discrimination […]

On June 23, 2020, the Department of Labor introduced a new proposed rule to better define plan fiduciaries’ duties under ERISA involving environmental, social, and governance (“ESG”) factors in investment decisions. The proposed rule embodies much of the DOL’s prior guidance about the issue, but it also adds a few […]

Finally, some good news in 2020!  On Thursday, July 2, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”), published its final rule explicitly exempting certain health care providers from the OFCCP’s enforcement activities as they relate to affirmative action.  Specifically, the final rule exempts TRICARE health care providers from […]