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U.S. Supreme Court Lowers Burden to Bring Title VII Lawsuits

By: John Vering The United States Supreme Court has issued a unanimous ruling in Muldrow v. City of St. Louis, 143 S.Ct.2686 (April 17, 2024) 22-193 Muldrow v. St. Louis (04-17-2024), which will make it easier for employees to bring discrimination lawsuits against their employers under Title VII of the Civil Rights Act. Title VII […]

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New Independent Contractor Regulations Published by the U.S. Department of Labor

By: Shannon Johnson Last week, the U.S. Department of Labor (the “DOL”) announced a new rule, which will go into effect on March 11, 2024, establishing a six-factor analysis that businesses should use in order to properly classify independent contractors vs. employees.  To businesses with past experience utilizing contractors, this “new” rule will not appear […]

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The Corporate Transparency Act: Reporting Requirements and Penalties

By: Tate Thompson, Nida Rais, Rachel Sterbenz, and John Fuchs Beginning January 1, 2024, the Corporate Transparency Act (“CTA”) will require the majority of businesses (corporations, limited liability companies, and other business entities) to report beneficial ownership information to the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”). These requirements will particularly impact small […]

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Department of Labor Proposes Rule That Would Entitle Millions of Employees to Overtime Compensation

By: Cody Weyhofen and John Vering On August 30, 2023, the Department of Labor (“DOL”) announced a proposed rule that seeks to significantly raise the minimum salary threshold needed to qualify for overtime-pay exemptions under the Fair Labor Standards Act (“FLSA”). If the rule takes effect, it’s estimated that an additional 3.6 million employees will […]

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Missouri Enacts Progressive Name, Image, and Likeness Law

By: Tate Thompson and Curry Sexton In the absence of uniform laws from Congress or a more robust policy from the NCAA, states continue to look for ways to help their institutions compete in the name, image, and likeness (NIL) “arms race.” One way is for states to implement progressive NIL laws.  Effective August 28, […]

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EEOC Issues Proposed Regulations for Pregnant Workers Fairness Act

By: Shannon Johnson As explained in our previous client alert, the Pregnant Workers Fairness Act (“PWFA”), effective June 27, 2023, requires public and private sector employers with at least 15 employees to make reasonable accommodations for employees or applicants with known limitations related to or arising out of pregnancy, childbirth, and other related conditions, absent […]

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NLRB Sharpens Review of Employee Handbooks

By: Cody Weyhofen, Mark Opara, and John Vering On August 2, 2023, the National Labor Relations Board (“NLRB”) adopted a new standard to determine whether an employer’s workplace rules or policies violate employees’ rights under the National Labor Relations Act (the “Act”). As a result, many employers will need to review and revamp their employee […]

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New Form I-9 and Alternative Inspection Procedure Now in Effect

By: Cody Weyhofen The Department of Homeland Security (“DHS”) and U.S. Citizenship and Immigration Services (“USCIS”) recently announced changes to Form I-9 and its related document verification procedures. Although these changes will likely streamline the employee-onboarding process, employers will first need to comply with multiple upcoming deadlines and determine whether they qualify for remote verification […]

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IRS Memo Questions Tax-Exempt Status of NIL Collectives

By: Tate Thompson and Curry Sexton In a June memo released by the Office of the Internal Revenue Service (IRS) Chief Counsel, the IRS announced its position that, in most cases, it does not believe name, image, and likeness (NIL) collectives qualify as tax-exempt organizations under the Internal Revenue Code (IRC). Although not legally binding, […]

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Supreme Court Raises Standard for Employers to Deny Religious Accommodations

By: Katie Conklin On June 29, 2023, the U.S. Supreme Court issued a unanimous opinion in Groff v. DeJoy, raising the standard for determining when a religious accommodation constitutes an “undue hardship” for an employer. Under the decision, an employer may only deny an employee’s request for religious accommodation if the accommodation would create a […]

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