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On April 17, 2024 the U.S. Supreme Court resolved a circuit split over the standard to apply to Title VII discrimination cases challenging job transfers, ruling that discriminatory workplace transfers are prohibited even if they do not cause “significant” harm. In a unanimous decision, the Court...
Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in existing or new-build projects. The Inflation Reduction Act of 2022 (“IRA”)...
Earlier this week, the Equal Employment Opportunity Commission (EEOC) issued a final rule providing guidance on the Pregnancy Workers Fairness Act (PWFA). The final rule will be published in the Federal Register on April 19 and becomes effective 60 days later. The final rule solidifies the EEOC’s...
Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between the prime contractor and owner apply to all lower tiers of...
In February 2024, the Pennsylvania Supreme Court issued a decision reconciling precedent in Pennsylvania courts regarding claims for tortious interference with employment relationships. Previously, Pennsylvania courts typically limited tortious interference claims to prospective, not current, at...
On March 29, 2024, the Occupational Safety and Health Administration (“OSHA”) issued a final rule amending 29 C.F.R. § 1903.8(c), the regulation that governs whom employees may authorize to accompany an OSHA Compliance Safety and Health Officer (“CSHO”) during a physical inspection of an employer’s...
Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping procedures. Now, a different statute may be gaining steam as the new...
On March 12, 2024, the Eleventh Circuit affirmed the dismissal of a putative class action wage and hour lawsuit brought by three golf course attendants who volunteered at a public golf course operated by Palm Beach County, Florida and alleged they were not paid minimum wage. The three-judge panel in...
On March 22, 2024, Governor DeSantis signed a Bill that allows Florida teens 16 and 17 years of age to work longer hours. The bill goes into effect July 1, 2024, about a month before many academic years start in Florida. The Bill maintains a 30-hour work week limit for 16- and 17-year-olds when...
For U.S. employers, staying informed of business immigration updates is critical to ensure compliance with evolving immigration regulations and policy, assess potential risks, attract and retain talent, plan strategically, save costs, and maintain a competitive advantage in today’s global...
On February 16, 2024, the Consumer Financial Protection Bureau issued revisions to its supervisory appeals process. The Bureau’s supervisory appeals process has not changed since 2015, and the Bureau’s announcement notes that these new revisions “broaden the Bureau officials eligible to evaluate...
2023 was an active year in both the cannabis and psychedelics spaces, with significant developments across policy, research, litigation, and beyond. While states have largely led on the policy front, we expect increased federal attention in both areas this year, in addition to continuation of state...
In a recent announcement, U.S. Citizenship and Immigration Services (USCIS) revealed pivotal final rule aimed at fortifying the integrity of the H-1B registration process and minimizing the potential for fraud. This comprehensive update includes beneficiary-centric selection, flexible petition start...
The Department of Homeland Security (DHS) has put forth a Proposed Rule in January 2023 (“Proposed Rule”), suggesting fee increases and other modifications. Under this proposal, the U.S. Citizenship and Immigration Services (USCIS) increase filing costs for many immigration benefit petitioners and...
In Whole Foods Market, Inc. , Case 01-CA-26183, JD(SF)-39-23 (Dec. 20, 2023) , National Labor Relations Board (NLRB) Administrative Law Judge Ariel Sotolongo held that Whole Foods did not violate federal law by enforcing its dress code which resulted in banning employees from wearing certain apparel...
On January 10, 2024, the U.S. Department of Labor (“DOL”) unveiled the long-awaited Final Rule explaining when and how employers can qualify workers as independent contractors under federal law. The new Rule, which takes effect on March 11, 2024, restores and clarifies a multifactor test known as...
On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies.
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of subrogation clauses in construction contracts. In XL Insurance America, Inc...
Minnesota Enacts Paid Family and Medical Leave Legislation The 2023 Minnesota legislative session was a busy one. From the elimination of non-competes, to changes to the Minnesota Drugs and Alcohol in the Workplace Act, to statewide paid sick and safe leave, there has been no shortage of change that...
What is the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance? On November 9, 2023, the Chicago City Council passed the Chicago Paid Leave and Paid Sick and Safe Leave Ordinance (the “Ordinance”), which goes into effect on December 31, 2023, and increases the required amount of paid time off...