The Changed NLRB Reasonably Defines “Change”

By Patrick Scully The new National Labor Relations Board (“NLRB” or “Board”) reversed another Obama Board decision on Friday. In Raytheon Company, 365 NLRB No. 161 (December 15, 2017), the Board returned to long standing precedent that the question of whether an employer has made a “change” should take into consideration the employer’s standing practices. […]

Wellness Rewards Under GINA

By Brooke Colaizzi The EEOC has issued proposed regulations addressing the legality of inducements for spousal participation in wellness programs under the Genetic Information Nondiscrimination Act (GINA). The original GINA regulations prohibited employers from offering inducements to an employee for providing genetic information, including genetic information about employees’ spouses. The EEOC has now declared that […]

Supremes Tell States Gay Marriage is Legal

By John Alan Doran This morning, the U.S. Supreme Court struck down state laws the prohibit gay marriage in Obergfell v. Hodges, No. 14-556 (June 26, 2015), First, the Court held that the Fourteenth Amendment requires a State to license a marriage between two people of the same sex. Second, the Court held that the […]

Will EEOC’s New Wellness Regs Make You Sick?

By Just John The EEOC has broadcast proposed regulations on wellness programs. For all the details, visit In short, the proposed regs attempt to reconcile (a) Obamacare provisions encouraging wellness programs, (b) the ADA’s approval of medical examinations that are truly voluntary, and (c) the EEOC’s ongoing crusade against wellness programs. Much of the […]

Supremes Strike Down ACA Contraception Regs

By John Alan Doran In a highly controversial, but very specific ruling, the Supreme Court today struck down Obama administration regulations requiring for-profit corporations to provide insurance coverage for certain forms of contraception. The case arises out of the tension between the Affordable Care Act’s contraception mandate, on the one hand, and the Religious Freedom Restoration […]

No Leave Benefit Goes Unpunished

By Bill Wright A worker is injured – seriously injured – and goes out on long term leave. He files a workers compensation claim. The comp. claim stalls and, for 11 years, the employer pays insurance benefits for the worker with no end in sight. Finally, the employer notifies the worker that, if he is […]

Non-Update On FMLA Coverage For Same-Sex Couples

By Matt Morrison On Friday, the U.S. Department of Labor issued an internal memo to its employees clarifying its stance on the application of FMLA to same sex couples. Eligible employees may take time off from work under the Family and Medical Leave Act (“FMLA”) when caring for a spouse of the same sex, provided […]