Publications

The IRS has issued guidance addressing employer reporting requirements for qualified sick leave and qualified family leave wages under the Families First Coronavirus Response Act (FFCRA).  The FFCRA is one of the first pieces of federal legislation that was enacted in response to the COVID-19 pandemic.  It requires employers with […]

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 […]

On July 8, 2020, the United States Supreme Court reaffirmed that teachers at religious institutions are not entitled to the protections of federal employment discrimination laws if their duties include religious instruction. The combined decisions, Our Lady of Guadalupe School v. Morrissey-Berru, Case No. 19-267, and St. James School v. […]