Articles and Blogs

An Ohio federal court recently found that a hospital did not discriminate against a 73-year-old surgeon when it required the surgeon to undergo neuropsychological and physical exams after an unfortunate patient death. Additionally, the court found the hospital did not discriminate against the surgeon and instead was practicing due diligence with patient safety when... READ MORE

While the ravages of COVID-19 turned the nation’s attention away from the opioid addiction crisis, the number of opioid overdose deaths has surged during the pandemic. Recognizing that the social and emotional consequences of the pandemic will likely increase the workplace impact of opioid use and co-morbid health conditions, the Equal Employment Opportunity Commission... READ MORE

On October 6, 2020, the U.S. Department of Homeland Security (“DHS”) announced the Interim Final Rule entitled “Strengthening the H-1B Nonimmigrant Visa Classification Program,” and the U.S. Department of Labor (“DOL”) announced the Interim Final Rule “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” which together... READ MORE

Before the pandemic, it had long been understood that, in most cases, employers may validly view reporting to work as an essential job function. That is now a much more questionable proposition. Now that many industries have abruptly shifted towards a work‑from‑home norm, it is arguable that reporting to work can no longer be... READ MORE

Last month, the U.S. Court of Appeals for the Seventh Circuit[1] in Demkovich v. St. Andrew the Apostle Parish[2] declined to establish a blanket rule extending the “ministerial exception” beyond tangible employment decisions to claims of a hostile work environment asserted by ministerial employees. The court observed that while the First Amendment protected religious... READ MORE

With the school year beginning and many schools opting to reopen with an alternative format due to COVID-19, the Wage and Hour Division of the Department of Labor (“DOL”) released new frequently asked questions (“FAQs”) aimed at clarifying paid leave under the Emergency Paid Sick Leave and Expanded Family and Medical leave portions of... READ MORE

Update as of 9/14/20: As we anticipated below, the US Department of Labor has issued revised regulations in response to the SDNY decision. Please see our post here for details. Update as of 9/10/20: As discussed below, previously, a federal judge in New York’s Southern District invalidated several aspects of the DOL’s guidance regarding... READ MORE

The U.S. Supreme Court recently expanded its unanimous 2012 ruling in Hosanna-Tabor Evangelical Lutheran Church,[1] where it first applied to a parochial school teacher the “ministerial exception” to federal anti-discrimination employment laws. The exception is an outgrowth of the First Amendment’s Free Exercise and Free Establishment clauses, which protect the right of religious institutions... READ MORE

The U.S. Department of Labor (“DOL”) Wage and Hour Division has updated its FMLA forms in order to make them more usable and streamlined after receiving substantial input from employers, industry associations, individual employees, worker advocacy groups, law firms and other interested members of the public. The DOL also announced that it would be... READ MORE

The Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule amending its regulations concerning its jurisdictional authority over health care providers that participate in TRICARE. Effective immediately, and in direct opposition with its prior legal position, OFCCP has confirmed that it lacks authority to regulate health care providers solely because they participate... READ MORE