Articles by PC Editorial Staff

August 30, 2022

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DOL Initiative Finds H-2B Visa Program Violations

The U.S. Department of Labor's (DOL's) Wage and Hour Division (WHD) recently announced that it recovered over $1 million in back wages for H-2B visa program violations. Between October 2019 and March 2022, the WHD conducted 73 separate H-2B investigations in eight states. In a similar WHD investigation involving immigrant workers in April 2022, three companies were hit with a total of $2 millio...

August 30, 2022

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Legal Update: Off-Duty Marijuana Use

Two recent legal developments affect employers with cannabis users in the workplace and further complicate the legality of off-duty marijuana use. The developments give opposing insights into the direction other states will take on the issue of off-duty marijuana use. Earlier this month, the Supreme Court of Nevada (the Court) upheld a district court’s dismissal of a lawsuit involving off-duty ...

DOL Initiative Finds H-2B Visa Program Violations-8-30-22

Court Clarifies FMLA Employee Notice Rules

August 30, 2022

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Earlier this month, the U.S. Court of Appeals for the Fourth Circuit (the Fourth Circuit) interpreted the Family and Medical Leave Act (FMLA), stating that a jury would decide whether Facebook messages satisfy FMLA employee notice requirements. The Fourth Circuit’s opinion follows a case in which an employer fired an employee while they were on job-protected leave under the FMLA. Specifically, ...

August 23, 2022

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Federal Court Rules in Union Retaliation and Wrongful Termination Case

On August 18th, 2022, a U.S. District Judge for the District Court of Western Tennessee (the Court) issued an injunction against a Memphis, Tennessee Starbucks in a retaliation and wrongful termination case involving employees engaged in union activities. The National Labor Relations Board (NLRB) had earlier petitioned the Court for temporary injunctive relief to stop the unfair labor practices...

August 23, 2022

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Fourth Circuit Rules Gender Dysphoria is a Disability Under the ADA

On August 16th, 2022, the U.S. Court of Appeals for the Fourth Circuit (the Fourth Circuit) ruled that gender dysphoria is a disability under the Americans with Disabilities Act (ADA). The Fourth Circuit hears appeals in the states of Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The ruling reversed an earlier Virginia trial court’s decision to dismiss a lawsuit brought...

Global Retailer Found Not Liable in Pregnancy Discrimination Lawsuit

August 23, 2022

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Recently, the United States Court of Appeals for the Seventh Circuit (the Seventh Circuit) found Walmart not liable in a pregnancy discrimination lawsuit filed in 2018 by the U.S. Equal Employment Opportunity Commission (EEOC). Several advocacy groups had filed complaints with the EEOC alleging this specific instance of discrimination. The Seventh Circuit covers the Midwest states of Illinois, ...

August 16, 2022

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Updated CDC Guidance for COVID Mitigation

On August 11th, 2022, the Centers for Disease Control and Prevention (CDC) released updated COVID-19 guidance for virus mitigation. In brief, the CDC is trimming its overall guidance to match the current state of the pandemic. The CDC’s streamlined, updated COVID-19 guidance will help individuals gain a better understanding of the current risk of COVID-19 and the best measures to protect themse...

August 16, 2022

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IRS Indexing Adjustments in 2023 for Calculating ACA Affordability

The Internal Revenue Service (IRS) announced its 2023 indexing adjustments used with the Affordable Care Act (ACA) when calculating ACA affordability for employer shared responsibility purposes. ACA affordability refers to the highest percentage of household income the plan participant must pay for a plan premium. The ACA affordability percentage for the 2023 plan year will be 9.12%, down from ...

CDC Updated COVID-19 Guidance for Virus Mitigation-8-16-22

Hospital Cited for Workplace Violence Risks

August 16, 2022

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Recently, an administrative law judge affirmed the U.S. Department of Labor’s (DOL’s) findings that a Louisville, Colorado, hospital exposed its employees to workplace violence. Following the DOL’s investigation, the Occupational Safety and Health Administration (OSHA) cited the employer for unlawful exposure to workplace violence hazards. OSHA previously fined a discount retailer $330K for wor...

August 9, 2022

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FAQs Address the ACA and Birth Control

In July 2022, federal agencies, including the Department of Labor (DOL), Department of Health and Human Services (HHS), and Department of the Treasury (the Departments) released a list of frequently asked questions (FAQs) on the Affordable Care Act (ACA), specifically addressing the ACA and birth control. The FAQs guidance reminds employers that sponsored health plans indeed provide contracepti...

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Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

Latest EEOC Enforcement Data Shows Increased Pre-Litigation Activity

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its FY 2025 performance and enforcement results. In a news release dated April 6th, 2026, the agency reported increased monetary recoveries for victims of employment discrimination and increased enforcement activity overall....

EEOC Pens Letter to Companies Regarding Title VII Compliance and DEI Initiatives

The Equal Employment Opportunity Commission (EEOC) recently issued a letter to 500 of the largest employers in the United States regarding Title VII compliance and potentially "illegal" DEI initiatives. Notably, the document was drafted for the chief executive officers, general counsel, and board...

NLRB Officially Reinstates Previous 2020 Joint Employer Standard

On February 26th, 2026, the National Labor Relations Board (NLRB) officially reinstated its 2020 Joint Employer standard. Specifically, to do so, the agency needed to formally withdraw a 2023 Joint Employer standard. That final rule was to go into effect on February 26th, 2024.

OSHA Releases New Job Safety and Health Workplace Poster

The Occupational Safety and Health Administration (OSHA) has released a new workplace job safety and health notice. Specifically, the OSHA Cares Job Safety and Health poster informs workers about their rights under the Occupational Safety and Health (OSH) Act. Per OSHA’s poster page, employers do...

Agency Releases Newly Proposed Independent Contractor Status Rule; Seeks Employer Comments

On February 26th, 2026, the Department of Labor (DOL) announced a proposed rule designed to help determine independent contractor status. Overall, the new independent contractor rule would help employers better understand when a worker is an employee. Conversely, the rule will allow employers to...

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Articles by PC Editorial Staff