Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the federal government is prioritizing its employment dollars.
The EEOC has more work than it can timely handle. Thus, it prioritizes the…

Unfortunately, workplace injuries can occur anytime, even when employers take every possible precaution to prevent them. As most employers have experienced, implementing and enforcing safety rules and policies avoids workplace injuries. But what happens when an employee ignores or intentionally breaks a safety rule and they, or someone else, is injured?
Fortunately, the Occupational Safety…

Individuals responsible for 401(k) retirement or welfare plan decisions know that the plan document is the first place to look for guidance when deciding a difficult administration question, such as whether a participant is entitled to a benefit. A recent 6th Circuit Court of Appeals case, Laake v. Benefits Committee, Western & Southern Financial Group…

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct under the Family and Medical Leave Act (“FMLA”).  Milmen v. Fieger & Fieger, P.C., No. 21-2685 (6th Cir.…

As the Supreme Court’s session was concluding, the Supreme Court issued Groff v. DeJoy, Postmaster General, No. 22-174 (June 29, 2023), an opinion that changes the employment landscape as it pertains to religious accommodations for employers and what actually constitutes an “undue hardship.”
In Groff, the Supreme Court held, “Title VII [of the Civil…

For some group health plan fiduciaries, there could be a storm brewing. Changes to the Employee Retirement Income Security Act of 1974 (“ERISA”), buried within the 5,593 pages of the Consolidated Appropriations Act, 2021 (“CAA”), create the possibility for a new set of potential plaintiffs in fiduciary litigation. The CAA amended ERISA Section 408(b)(2) to…

On Tuesday, June 27, 2023, the Pregnant Workers Fairness Act (PWFA) became law and requires covered employers to provide “reasonable accommodations” to a worker’s known limitations that are related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause the employer an undue hardship.
The PWFA applies to all federal and state employers…