Labor & Employment Law Update

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By: Amundsen Davis

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Heather A. Bailey
Julie A. Proscia
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Ann Barry Hanneman
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Stephen D. Pauwels
Laurie E. Meyer
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Robert J. Simandl
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Suzannah Wilson Overholt
Vic Peterson
Marissa R. Borschke
Craig T. Papka
Timm W. Schowalter
Sara Zorich

Latest from Labor & Employment Law Update

The Seventh Circuit (covering Illinois, Indiana and Wisconsin) recently ruled that a non-disabled employee can recover damages under the Americans with Disabilities Act (ADA) when his employer required a fitness-for-duty examination to evaluate his mental health before returning from leave. Nawara v. Cook County, 132 F.4th 1031 (7th Cir. 2025).

This decision underscores the importance of properly determining when a current employee can be required to undergo a medical examination as required under the ADA, regardless of disability…
Continue Reading Seventh Circuit Ruling Allows Non-Disabled Workers to Seek Back Pay Under ADA

The ongoing battle over Missouri’s paid sick time law and significant increase in minimum wage, known as Proposition A, continues. On Tuesday, April 29, 2025, the Missouri Supreme Court issued an opinion upholding Proposition A in the case of Raymond McCarty, et al. v. Missouri Secretary of State, et al. Consequently, without legislation to repeal the paid sick time mandate, Proposition A went into full effect for most Missouri employers on May 1, 2025. Accordingly, Missouri employers must ensure…
Continue Reading Missouri Supreme Court Upholds State’s Paid Sick Leave Law (Proposition A)

Today’s employment environment requires companies large and small to be deliberate when designing their compensation strategy. Our panelists presented a high-level overview of the options available to executive teams when designing compensation packages that align with key business goals and objectives.

Top takeaways from this presentation include:

  • A critical first step is to determine your company’s compensation philosophy. Clarity around your company’s goals—e.g., do you prefer to attract top talent or develop talent?—and values play a critical role in

…
Continue Reading Key Takeaways – Beyond Sweat Equity: Modern Compensation Strategies forEnhanced Engagement & Retention

In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment claims. This will likely pave the way for more workplace harassment lawsuits to reach a jury, which in turn will lead to more harassment lawsuits being filed against employers.
Recent Caselaw Development for Human Resources to Know and Note
In Muldrow,…
Continue Reading Lowering the Legal Standard for Establishing Workplace Harassment Claims

On April 2, 2025, United States Customs and Immigration Services (USCIS) announced it will extend the work authorization for individuals who are in the U.S. on Temporary Protected Status (TPS) from Venezuela through April 2, 2026.

This announcement was in response to a court order from the Northern District of California pausing the government’s prior termination of TPS for Venezuela issued on February 5, 2025, and set to become effective on April 7, 2025.

The Employment Authorization Documents (EADs)…
Continue Reading USCIS Extends Venezuelan Work Status Through April 2026 and Issues a NewForm I-9

Join Us for Beyond Sweat Equity: Modern Compensation Strategies for Enhanced Engagement & RetentionIn today’s competitive talent marketplace, traditional compensation models alone are no longer enough to attract and retain top performers. Join us on April 16, 2025, at 8:30 AM. for Beyond Sweat Equity: Modern Compensation Strategies for Enhanced Engagement & Retention, where we’ll explore innovative approaches to total rewards that can help drive measurable business outcomes and increase employee retention and engagement.
This Breakfast Briefing Series…
Continue Reading Join Us for Beyond Sweat Equity: Modern Compensation Strategies for
Enhanced Engagement & Retention

Missouri’s paid sick time law, Proposition A, is scheduled to go into effect on May 1, 2025.

While the constitutionality of Proposition A is currently being challenged under a state lawsuit before Missouri’s Supreme Court and Missouri’s General Assembly is considering legislation to repeal the mandate altogether, the paid sick time requirements are still on course to take effect May 1.

Importantly, Proposition A requires Missouri employers to provide employees with written notice of the employer’s earned paid…
Continue Reading Missouri’s Paid Sick Time Law Is Set to Take Effect May 1, 2025

The Equal Employment Opportunity Commission (EEOC) recently announced that it will be examining DEI programs for potential violations of Title VII following President Trump’s executive orders regarding DEI programs and the federal court review that followed.

EEOC issued a one-page technical assistance document specifically directed at DEI programs, stating: “Under Title VII, DEI initiatives, policies, programs, or practices may be unlawful if they involve an employer or other covered entity taking an employment action motivated—in whole or in…
Continue Reading EEOC Sets Its Sights on DEI Programs: What Employers Need to Know

Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

In January, the U.S. Department of Labor (DOL) issued an opinion letter clarifying managers and supervisors still cannot receive or keep tips, including from a tip pool.

This came shortly after the DOL restored the dual jobs rule in December of 2024, which provides that employers can claim a “tip credit” under the Fair Labor Standards Act (FLSA) only…
Continue Reading Department of Labor Clarifies Management Cannot Keep Tips From a Tip Pool and Reverts Back to the Dual Jobs Rule

Over the past year, numerous class actions have been filed against large employers claiming their health plan surcharge for tobacco use is not in compliance with HIPAA nondiscrimination rules. With yet another lawsuit filed on March 3, 2025 against LHC Group (a large home health care company), these cases show no signs of slowing down.

Several recognizable employers have faced similar class actions, including 7-Eleven, Inc. Walmart Inc., Target Corp., PepsiCo Inc., Tractor Supply Co., Whole Foods Market Inc.,…
Continue Reading Refusing to Quit: Class Actions on Tobacco Surcharges in Health PlansContinue

Join Amundsen Davis for a new complimentary webcast series, Breakfast Briefings. Beginning with our first session on Wednesday, March 19, this series offers employers the tips, tricks, and guidance needed to thrive in an ever-changing landscape.
Continue Reading Register Now for Breakfast Briefings: Ensuring Effective Employee
Communications and Compliance Expectations

The U.S. Department of the Treasury announced plans to significantly reduce the number of entities that must report under the Corporation Transparency Act (CTA). The announcement indicates that the Treasury Department intends to eliminate the reporting obligation for domestic companies.
Continue Reading Treasury Department Announces Suspension of Enforcement of Corporate
Transparency Act

On February 21, 2025, a U.S. District Court judge issued a preliminary injunction blocking the enforcement of key provisions of the Trump administration’s executive orders terminating diversity, equity, and inclusion (DEI) grants, contracts, and initiatives. This ruling is the first—and likely not the last—in a series of challenges and the final outcome is likely to have a significant impact on employers.
Continue Reading “Red Light, Green Light”: Federal Court Blocks Trump’s DEI Executive Orders

As part of the Paperwork Burden Reduction Act, signed into law on December 23, 2024, Internal Revenue Code (IRC) sections 6055(c) and 6056(c) were amended to allow the use of the alternative method for distributing Forms 1095-B and 1095-C.

Stated simply, employers were given the green light to simply post a general notice of availability instead of being required to individually distribute Form 1095-C.

Existing guidance was already in place describing requirements for an alternative method of distributing Form…
Continue Reading IRS Issues Guidance on Alternative Distribution Method for Form 1095-C

On Friday, Feb. 21, Governor Whitmer signed House Bill 4002 (H.B. 4002) and Senate Bill 8 (S.B. 8) into law, which impose last minute and new amendments to Michigan’s Earned Sick Time Act (ESTA) and minimum wage law (i.e., the Improved Workforce Opportunity Wage Act) that were set to take effect on Feb. 21, 2025.

Both bills were effective immediately upon the governor’s signature, making it critical for employers to understand the amendments.
Background on Michigan’s Sick Time and…
Continue Reading Michigan Amends Its Minimum Wage and Earned Sick Time Laws Effective Immediately… Again

On February 14, 2025, William Cowen, the acting general counsel (“GC”) for the National Labor Relations Board (“Board”) rescinded several Guidance Memorandums that were previously issued by the Board’s former GC, Jennifer Abruzzo, during the Biden administration. The recissions made through Memorandum GC 25-05 impact very significant and slightly controversial policy priorities under Abruzzo.

The action appears to be part of the Trump Administration’s efforts to reorganize and overhaul government and government agencies. Indeed, Acting GC Cowen explained:
Over…
Continue Reading NLRB’s Acting General Counsel Rescinds Biden-Era Guidance Memorandums