Articles and Blogs

On August 18, 2022, the U.S. Department of Homeland Security (“DHS”) issued a notice of proposed rulemaking allowing for optional alternative procedures for the examination of documents required by the Form I-9 Employment Eligibility Verification. Currently, to complete the Form I-9, employers must physically examine documentation presented by new employees within three business days... READ MORE

Earlier this summer the U.S. Department of Health and Human Services Office of Civil Rights (“OCR”) released new guidance (“Guidance”) directed at retail pharmacies that details obligations to ensure comprehensive and nondiscriminatory access to reproductive health care services. This Guidance comes on the heels of a slew of recent legal changes, namely the Dobbs... READ MORE

The Plaintiff, an information technology support specialist employed through a staffing agency, was employed on-site at an Assembly Plant. In April 2016, the Plaintiff complained to his staffing agency supervisor that he believed there was an issue with asbestos insulation in one of the work areas at the Assembly Plant. The Plaintiff e-mailed photographs... READ MORE

Abortion is no longer a federal constitutional right. As a result of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health, states may regulate abortion in a manner consistent with their own state constitutions and judicial precedent. The Dobbs decision overruled the Court’s own 1973 decision in Roe v. Wade, which... READ MORE

We know the major personnel issues challenging our friends in the health care industry: labor shortages; competitive wages; and rising costs. But what employment and labor legal issues do (or may) health care organizations face in coming months? Accommodation Requests as Remote Work Demands Continue. Throughout the last two-plus years, telework became the new... READ MORE

A recent decision from the 8th Circuit U.S. Court of Appeals granted employers some modest flexibility in conducting and relying on background checks for potential new hires covered by the Fair Credit Reporting Act (“FCRA”). The court made two key rulings: Employers have no obligation under the FCRA to provide job applicants with the... READ MORE

On May 23, 2022, the U.S. Supreme Court issued a decision that significantly impacts a litigant’s right to compel arbitration and the circumstances that may result in a decision that a litigant has waived its right to compel arbitration. The Case In Morgan v. Sundance, Inc., an hourly employee at a fast food franchise... READ MORE

The Colorado legislature recently passed HB 22-1317, which dramatically revises Colorado’s statute governing covenants not to compete, C.R.S. § 8-2-113. The bill is expected to be signed by Governor Polis in the near future and take effect on August 10, 2022. Roughly half of the text in the noncompete law will be new, and... READ MORE

Effective May 4, 2022, certain foreign nationals who timely filed to renew their Employment Authorization Document (“EAD”) will receive an automatic extension of the period of employment authorization up to 540 days beyond the original expiration date. This is an effort by U.S. Citizenship and Immigration Services (“USCIS”) to temporarily alleviate the current situation... READ MORE

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent.... READ MORE