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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...
On April 18, 2024, the Federal Trade Commission (FTC), U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) collectively launched a new publicly accessible web portal to which members of the public can make reports of what they believe to be competition –...
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...
It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions involving the Takings Clause in less than a week, attention must be paid...
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...
The United States Environmental Protection Agency ("EPA") on April 10, 2024 issued the first-ever federal regulatory limits on per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA's PFAS drinking water standards will be accompanied by almost $1 billion in funding for public water...
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...