Articles by Editorial Staff

Fourth Circuit: Job Creation is Not a Required ADA Accommodation

June 21, 2021

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The U.S. Court of Appeals for the Fourth Circuit issued an opinion on a case involving a required ADA accommodation. Basically, the June 8th, 2021 ruling offers an interpretation of the Americans with Disabilities Act (ADA). Specifically, the ruling says that it is not a required ADA accommodation to create new positions to accommodate disabilities. Previously, the Eleventh Circuit Court of Ap...

California Withdrawal of COVID-19 Standard

UPDATED: New California COVID Workplace Regulations Now in Effect

June 21, 2021

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Originally Posted June 8th, 2021; Last Updated June 21st, 2021 On June 17th, 2021, California’s Occupational Safety and Health Division (Cal/OSHA) announced the approval of final California COVID Workplace Regulations. Afterward, Governor Gavin Newson signed an Executive Order placing the regulations into effect immediately. Known as the ETS, Cal/OSHA created and updated versions of the tem...

Coronavirus Emergency Temporary Standard Issued for Health Care Workers

June 15, 2021

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Due to a Presidential Executive Order, the Occupational Safety and Health Administration (OSHA) has announced a coronavirus emergency temporary standard. Explicitly, the Executive Order (EO) declared that ensuring the health and safety of workers is a national and moral priority. As a result, the January 2021 EO directed OSHA to reduce worker risk of contracting COVID-19 in the workplace. Subse...

OSHA Updates COVID-19 Guidance June 2021

OSHA Issues Updated COVID-19 Workplace Guidance

June 15, 2021

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The Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) recently released updated COVID-19 workplace guidance. Issued earlier in January, the safety guidance helped employers implement a coronavirus prevention program and identify workplace exposure risks. Subsequently, on June 10th, 2021, OSHA’s updates focus mainly on unvaccinated workers. Previously, in April 2...

June 15, 2021

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June 15th, 2021: Recent State Regulatory Activity

Our research and regulatory monitoring team frequently tracks labor law developments from all 50 states. The following list of findings from this week’s state legislation research sweep addresses June 2021 regulatory activity in Georgia, Massachusetts, and New Jersey. Most importantly, as new information becomes available, Personnel Concepts will continue to provide regulatory updates to affec...

Collective Bargaining and I-9 Compliance

NLRB Links Bargaining to I-9 Compliance

June 14, 2021

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The National Labor Relations Board (NLRB) recently upheld an Administrative Law Judge’s (ALJ) finding on mandatory bargaining and I-9 compliance. The May NLRB ruling found that an employer wrongly refused to bargain over requiring employees to submit new I-9 forms. The employer also violated the National Labor Relations Act (NLRA) by not discussing the effects of submitting new I-9s. The ruling...

Supreme Court Rules on Computer Fraud Law

June 8, 2021

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On June 3rd, 2021, the U.S. Supreme Court ruled on interpreting the Computer Fraud and Abuse Act (CFAA). Otherwise known as Van Buren v. United States, the court case addressed the improper use of computer-based information. Markedly, this ruling comes nearly a year after the Supreme Court ruled on Title VII provisions prohibiting LGBTQ discrimination. Background of the Computer Fraud and Abus...

Eleventh Circuit: An Employee’s Mental Health Issues Can Lead to Termination

June 7, 2021

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In May, the Eleventh Circuit Court of Appeals heard a case involving termination and an employee’s mental health issues. Specifically, in Todd v. Fayette County School District, judges agreed with the decision to end a mentally ill teacher’s employment. Likewise, mental health issues have been popping up in other aspects of the government. Earlier, in April, the U.S. Department of Labor selecte...

EEOC Answers Mandatory Vaccination Questions

June 2, 2021

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On May 28th, 2021, the Equal Employment Opportunity Commission (EEOC) announced additions to their COVID-19 guidance, including mandatory workplace vaccinations. In short, it provides employers with crucial information on how to avoid possible workplace discrimination claims during the coronavirus pandemic. Indeed, as the number receiving COVID-19 vaccines rises, the EEOC wanted to address a...

EEOC Issues New Antisemitism Resolution

June 1, 2021

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The Equal Employment Opportunity Commission (EEOC) has unanimously approved a new antisemitism resolution condemning acts of bias against Jewish individuals. Accordingly, the resolution combats all forms of harassment and discrimination against members of the Jewish community. Another critical point is ensuring equal opportunity, inclusion, and dignity for all in the workplace. Earlier this yea...

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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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