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Showing posts with the label 2025-06-06 Digest

U.S. Supreme Court Rejects Higher Pleading Standard for Reverse Discrimination Claims

Real World Impact:   The United States Supreme Court issued a unanimous decision in a sex discrimination case as it sided with a straight woman on the standard to be used in pleading disparate treatment on the basis of her sexual orientation . The Court granted certiorari from the U.S. Court of Appeals for the Sixth Circuit. Background on  Ames v. Ohio Department of Youth Services This case arises from a claim that Ames was not promoted – and, later, was demoted – as a result of her sexuality . In 2004, Ames was hired as an executive secretary at the Ohio Department of Youth Services. In 2014, she was appointed program administrator. In 2018, Ginine Trim, a gay woman, came into the Department as Ames’s supervisor. Under Trim’s leadership, Ames received positive performance evaluations. However, when she applied for a promotion in 2019, she was denied . Instead, a gay woman with less experience and no college degree was chosen over Ames. Not long after being denied a promotio...

Veterans’ Employment and Training Service (VETS) launches its opinion letters program

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Veterans’ Employment and Training Service (VETS) launches its opinion letters program United States Department of Labor sent this bulletin at 06/03/2025 10:47 AM EDT United States Department of Labor Veterans' Employment and Training Service June 3, 2025 Veterans’ Employment and Training Service (VETS) launches its opinion letters program It is the duty of responsive government to provide clear and consistent guidance to the public we serve. In that spirit, the Veterans’ Employment and Training Service (VETS) is launching its opinion letters program and updated compliance assistance resources and encourages submissions from the public.  VETS will issue official guidance on how the Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to specific workplace situations. Opinion letters offer practical, common-sense answers to help employers, workers, and legal professionals understand their obligations and rights.  We are committed to providing compliance assista...

Removing Traffic Signals: The Revolutionary FAR Overhaul Intends to Eliminate Decades-Old Protections for Contractors

  The Revolutionary FAR Overhaul (RFO) is an  Executive Order  that seeks to reform the Federal Acquisition Regulation (FAR) to eliminate barriers to doing business with the Federal Government. This monumental change is akin to removing the traffic light at a four-way intersection and replacing it with a stop sign. So, will the government’s signal change improve efficiency, or will it cause more traffic and accidents? Let’s take a look. What is the Revolutionary FAR Overhaul? The  White House  intends for the RFO to streamline the procurement process. To achieve this goal, the FAR Council, the heads of agencies, and senior acquisition officials will amend the FAR so that it only contains provisions that are required by statute or “are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.” To date, little guidance has been issued to determine which regulatio...

Workplace Law Update: 10 Essential Items on Your June To-Do List

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Here are the top items you should tackle in June, based on the latest workplace law developments and upcoming critical compliance dates: _____ Get ready for the heat.  A public hearing on June 16 could determine the fate of OSHA’s heat illness rule – regardless of the outcome, here’s  how to protect your employees this summer . In other OSHA news, the agency  released a new SST inspection plan  on May 21. _____ Catch up on SCOTUS rulings.  In May, the Supreme Court upheld the Trump administration’s plans to  end Temporary Protected Status for hundreds of thousands of Venezuelan workers  and its  firing of NLRB Democrat Member Gwynn Wilcox (again) . The Court will soon also decide  if federal judges can issue nationwide injunctions , which could have profound impacts on workplace law. _____ File your 2024 EEO-1 Component 1 data.  Employers subject to the reporting requirement must submit their data by June 24. Check out our  five qui...

Workplace Safety REminder: See how Letters of Interpretation can help your business.

OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. Each letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. These letters of interpretation and the standards they address may not apply to OSHA State Plans. State Plans are required to have standards and enforcement programs that are at least as effective as OSHA's and may have different or additional requirements. Please see  OSHA-approved State Plans  for more information.   Source(s): Letters of Interpretation | Occupational Safety and Health Administration . (2025, April 29). Osha.gov. https://www.osha.gov/laws-regs/standardinterpretations OSHA. (2020).  State Plans | Occu...

U.S. Department of Labor Expands Opinion Letter Program

On June 2, 2025, the U.S. Department of Labor (DOL) expanded its opinion letter program, which should provide guidance on areas handled by multiple enforcement agencies within the DOL . Publication of opinion letters is a priority for the Trump administration and this program is evidence of the federal government’s intention to issue more guidance to the public. Opinion Letter Process Opinion letters issued by the DOL are official publications that explain how the DOL enforces various laws and regulations under specific scenarios submitted by a requesting party. Opinion letters offer timely guidance to both employers and individuals, while also providing insight into the agency’s likely positions in future rulemaking or litigation. While they do not override existing statutes or regulations, they provide authoritative guidance that can help employers and individuals navigate compliance with greater confidence . Employers that rely on an opinion letter in good faith may use that relianc...

401(k) Nonelective Contributions Explained: Safe Harbor, Profit Sharing, and QNECs

Contributions Employers can contribute to their employees’ 401(k) accounts in two main ways:  matching contributions  and nonelective contributions. Matching contributions are tied to employee deferrals—employers contribute only when employees do. In contrast, nonelective contributions are made to eligible employees regardless of whether they contribute to the plan themselves. Understanding nonelective contributions is critical for both employers and employees. For employers, they offer flexible tools to meet plan goals—whether avoiding annual testing, maximizing owner contributions, rewarding employees, or fixing compliance issues. For employees, they can mean guaranteed retirement savings even without personal deferrals. This guide breaks down the three major types of nonelective contributions—safe harbor, profit sharing, and corrective (QNECs)—and when each may be appropriate. What Are 401(k) Nonelective Contributions? Nonelective contributions are employer contributions ma...