EEOC Issues Final Regulation on Pregnant Workers Fairness Act

EEOC Issues Final Regulation on Pregnant Workers Fairness Act

On April 15, 2024, The U.S. Equal Employment Opportunity Commission (EEOC) issued a final rule to implement the Pregnant Workers Fairness Act (PWFA). The PWFA requires most employers with 15 or more employees to provide “reasonable accommodations,” including changes at work, for a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless […]

OFCCP’s Contractor Portal Opened for Certifying AAP Compliance

Kullman law promotional graphic for news updates with headline and background image

On April 1, 2024, the Office of Federal Contract Compliance Programs (OFCCP) began accepting online submissions from covered contractors and subcontractors to certify the current updated status of their Affirmative Action Programs (AAPs). The U.S. Department of Labor (DOL) officially announced that the submission window will close by July 1, 2024. The status of all […]

Order to Disclose 75k EEO-1 Reports Stayed Pending OFCCP’s Appeal to the 9th Circuit

Order to Disclose 75k EEO-1 Reports Stayed Pending OFCCP’s Appeal to the 9th Circuit

March 8, 2024 – On February 16, 2024, the United States District Court for the Northern District of California granted a temporary stay of the production of 75,000 EEO-1 Reports, pending resolution of the Office of Federal Contract Compliance Programs (OFCCP) appeal to the Ninth Circuit Court of Appeals.  As we previously reported, the district […]

Biden Administration Moves to Require Salary Range Disclosure, Prohibit Use of Applicants’ Salary History in Hiring By Federal Contractors

Biden Administration Moves to Require Salary Range Disclosure, Prohibit Use of Applicants’ Salary History in Hiring By Federal Contractors

January 30, 2024 – On January 29, 2024, the Biden Administration announced two new measures aimed at eliminating gender and racial gaps in average earnings among employees of the federal government and federal contractors. First, the Biden Administration has directed the Office of Personnel Management (OPM) to issue a final rule prohibiting the use of […]

DOL Publishes Long-Awaited Final Rule: Employee or Independent Contractor Classification Under the Fair Labor Standards Act

DOL Publishes Long Awaited Final Rule Under FLSA

January 12, 2024 – This week, the U.S. Department of Labor (“DOL”) issued its final rule on Employee or Independent Contractor Classification under the Fair Labor Standards Act (“FLSA”). This “New Rule,” effective March 11, 2024, closely follows the DOL’s 2022 proposed rule, rescinding and replacing the 2021 Independent Contractor Status Under the FLSA Rule […]

The Kullman Firm Celebrates the New Year with Two New Shareholders

George Drennan and Alexander Landin New Shareholders

January 1, 2024 – The Kullman Firm is pleased to announce the appointment of two new shareholders in the firm’s New Orleans office. George C. Drennan and Alexander C. Landin have been elected as shareholders effective January 1, 2024. George helps clients comply with immigration related laws and regulations and obtains non-immigrant and immigrant visas […]

California Legislative Updates for 2024

California Legislative Updates for 2024

December 21, 2023 – California will certainly be one of the states to watch in 2024, as its active legislative session has ushered in a multitude of significant changes to the employment sphere. New guidelines are coming in the areas of leave, workplace conduct, restrictive covenants, arbitration, rebuttable presumptions of retaliation, and the prosecution of […]

Health Plans Must Now Include Gag Clause Prohibition Compliance Attestation

Health Plans Must Now Include Gag Clause Prohibition Compliance Attestation

November 22, 2023 – A requirement passed by Congress in 2021 becomes effective as of December 31, 2023.  The Consolidated Appropriations Act (“CAA”) of 2021 prohibited “gag clauses” in contracts between insurance plans, insurance issuers, and providers. The law provides that a group health plan may not enter into an agreement with a healthcare provider, […]

Ernest Malone Named “Lawyer of the Year” by Best Lawyers® 2024

November 16, 2023 – The Kullman Firm is proud to congratulate Ernest R. Malone, Jr. on being named 2024 “Lawyer of the Year” in Labor Law – Management in New Orleans on The Best Lawyers in America© 2024 list. He has been recognized by Best Lawyers® every year since 2001, including “Lawyer of the Year” […]

Alabama Exempts Overtime Compensation from State Income Tax

Alabama Exempts Overtime Compensation from State Income Tax

November 6, 2023 – Effective January 1, 2024, through June 30, 2025, Alabama has enacted a statute to exempt overtime pay received by full-time hourly employees from Alabama state income tax by excluding such wages from gross income.  The exemption is only available for employees paid by the hour who work more than 40 hours […]

NLRB Issues New and Expansive Joint-Employer Rule

October 31, 2023 – Last week, the National Labor Relations Board (“NLRB”) issued its final rule on the joint-employer standard under the National Labor Relations Act (“NLRA”). This “New Rule,” effective December 26, 2023, is essentially a rollback of the NLRB’s own 2020 joint-employer rule issued during the Trump administration. The 2020 Rule Under the […]

MaryJo Roberts Recognized in the 2023 New Orleans CityBusiness Leadership in Law Publication

October 30, 2023 – MaryJo Roberts, a shareholder in the Kullman New Orleans office, is recognized in the 19th edition of New Orleans CityBusiness Leadership in Law.  MaryJo advocates nationally for clients in a wide range of workplace-generated disputes from inception through resolution, whether in motion pleading, mediation, arbitration, or trial. MaryJo represents employers in […]

The Kullman Firm Announces Three New Associates Admitted to Practice in Louisiana

Kullman Associates Admitted to Louisiana Bar

October 6, 2023 – The Kullman Firm is pleased to announce that Jean Carlo “J.C.” Bonilla Rivera, Alexander J. Debruge, and Darla N. Nguyen have officially been admitted to practice in Louisiana. Jean Carlo “J.C.” received his Juris Doctorate from Southern University Law Center in Baton Rouge in 2023. He received the CALI Excellence for the Future Award […]

The DOL and EEOC Formally Agree to Share Information

The DOL and EEOC Formally Agree to Share Information

September 15, 2023 – On September 14, 2023, the Equal Employment Opportunity Commission (“EEOC”) and the Department of Labor Wage Hour Division (“WHD”) announced that they entered into a Memorandum of Understanding (“MOU”), which enables information sharing, joint investigations, training, and outreach. The MOU covers a broad range of activities and touches on all aspects […]

New York Enacts Legislation Outlawing Captive Audience Meetings

New York Enacts Legislation Outlawing Captive Audience Meetings

September 8, 2023 – On September 7, 2023, New York became the latest state seeking to further restrict employers’ ability to voice their opinions on union activities, following Governor Kathy Hochul’s signature of Assembly Bill 6604. This bill updates Section 201-d of the state’s labor law to include new restrictions related to employer communications to […]

The Kullman Firm Welcomes Alexander Debruge as an Associate

September 5, 2023 – The Kullman Firm is pleased to announce that Alexander J. Debruge has joined the firm as an associate in the New Orleans, LA, office. Alexander “Alex” Debruge will handle a wide range of employment law matters and complex issues. He received his Juris Doctorate from Tulane University in 2023, where he […]

NLRB Issues Game-Changing Decision for Union Organization Attempts

NLRB Issues Game-Changing Decision for Union Organization Attempts

September 1, 2023 – On August 25, 2023, the NLRB announced new obligations and potential legal hazards for employers if they are presented with a demand for recognition by a union that claims to have the majority support of employees. The NLRB overruled a 52-year-old precedent in the process. The new case, Cemex Construction Materials […]

Fifth Circuit Decision Increases Employer Liability Under Title VII

August 25, 2023 – Fifth Circuit Decision Increases Employer Liability Under Title VII with Broader Definition of Actionable “Employment Decisions” The recent en banc ruling in Hamilton v. Dallas County by the U.S. Court of Appeals for the Fifth Circuit has brought a momentous change to a longstanding standard under Title VII. On August 18, […]

Employee Handbooks in NLRB’s Crosshairs

August 10, 2023 – On August 2, 2023, the NLRB announced its new analysis for whether a work rule or handbook provision violates the NLRA in Stericycle, Inc. 372 NLRB No. 113 (2023). The case explicitly overruled a line of cases from the previous Republican administration, most notably The Boeing Co., 365 NLRB No. 154 […]

The Kullman Firm Scholarship

August 4, 2023 – In 2020, The Kullman Firm established a scholarship in furtherance of the Firm’s commitment to advance diversity within the legal profession. Each year the Kullman Firm Scholarship is awarded to a Dillard University graduate who will be attending law school. The firm is pleased to announce that the Kullman Firm Scholarship […]

Benjamin H. Banta Rejoins the Firm as a Shareholder

July 23, 2023 – The Kullman Firm is happy to announce the return of Benjamin H. Banta to the New Orleans office as a Shareholder. Ben previously served as an attorney at The Kullman Firm from 1996 to 2012. In 2012, he joined Entergy’s in-house labor and employment group. Ben attended Northwestern University where he […]

EEO-1 Component 1 Collection Date Pushed Back to Fall of 2023

July 17, 2023 – The Equal Employment Opportunity Commission (EEOC) recently posted on its EEO-1 data collection page that it has not yet completed the three-year renewal process for the filing of EEO-1 reports with the Office of Management and Budget (OMB), which is required by the Paperwork Reduction Act (PRA).  As a result, they […]

MaryJo Roberts Named to 2023 CityBusiness Leadership in Law

July 11, 2023 – New Orleans CityBusiness has named Kullman Shareholder MaryJo Roberts as a 2023 Leadership in Law Honoree. She has been selected as one of 50 outstanding legal professionals in New Orleans for her successes in law and contributions to the community. MaryJo is a highly regarded employment lawyer and is a Louisiana […]

PUMP for Nursing Mothers Act

May 23, 2023 – On May 17, 2023, the US Department of Labor issued a bulletin (No. 2023-2) which gave attorneys and employers alike guidance on the new Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act” for short). The PUMP Act requires covered employers to provide compensated breaks to covered employees where they […]

Pregnant Workers Fairness Act Set to Take Effect in June

May 17, 2023 – The Pregnant Workers Fairness Act (PWFA), signed into law in late 2022, will take full effect on June 27, 2023, at which time the Equal Employment Opportunity Commission (EEOC) will start to take charges under the new law. The PWFA requires covered employers to provide reasonable accommodations to a pregnant worker, […]

The Kullman Firm Introduces The Summer Law Clerk Class of 2023

May 16, 2023 – The Kullman Firm is pleased to introduce our Summer Law Clerks. Our program introduces law students to the inner workings of a law office and how they will implement their knowledge in a real-world setting. This summer, the firm welcomes two sessions of clerks. Law students joining the firm this summer […]

INCLUSION IN ACTION: The Henry P. Julien, II Scholars Program

May 4, 2023 – The Kullman Firm was recently asked to share some of its efforts to promote diversity in the legal industry in an article in the New Orleans Federal Bar Association’s newsletter The Advocate, written by M. Rebecca Cooper, Associate at The Kullman Firm. Read below or click here to the article AS […]

OFCCP SETS DEADLINE OF JUNE 29, 2023, FOR FEDERAL CONTRACTORS TO SUBMIT THEIR ANNUAL CERTIFICATION OF DEVELOPMENT/MAINTENANCE OF AFFIRMATIVE ACTION PLANS

March 23, 2023 – On March 20, 2023, the Office of Federal Contract Compliance (“OFCCP”) released a bulletin announcing the opening date of its “Contractor Portal” for the second year.  The Portal will open on March 31, 2023.  The deadline for certification through the Portal is set for June 29, 2023.  This year contractors will […]

MaryJo Roberts Awarded the 2023 Inspire Higher Award

March 2, 2023 – The Kullman Firm is proud to announce that MaryJo Roberts, a shareholder in the New Orleans office, will be recognized for her dedication to the New Orleans Public School System and presented with the 2023 Inspire Higher Award. This award is presented to “those who have contributed tirelessly to the InspireNOLA […]

The Kullman Firm Welcomes Molly Gunnels as an Associate

February 28, 2023 – The Kullman Firm is pleased to announce that Molly J. Gunnels has joined the firm as an associate in the Baton Rouge, LA office. Ms. Gunnels received her Juris Doctorate from Paul M. Hebert Law Center, Louisiana State University, with a J.D./D.C.L. degree in 2018. Prior to joining a firm, she […]

The Kullman Firm Welcomes Matthew J. Braquet as an Associate

January 30, 2023 – The Kullman Firm is pleased to announce that Matthew J. Braquet has joined the firm as an associate in the New Orleans, LA, office. Mr. Braquet has been practicing law since he graduated from law school in 2019 and also was a part of the firm’s law clerk program in 2018. He […]

The Kullman Firm Announces Allison Fish as a Shareholder

January 9, 2023 – The Kullman Firm is pleased to announce that Allison A. Fish was named as Shareholder effective January 1, 2023. Allison Fish resides in the New Orleans office and represents employers nationwide in a range of employment and labor law matters. She vigorously advocates for clients in cases involving allegations of workplace […]

EEOC Publishes New “Know Your Rights” Poster Which Employers Must Begin Using

November 7, 2023 – On October 20, the EEOC released a “Know Your Rights” poster which updates and replaces the former “EEO is the Law” poster. Although both posters’ versions give an overview of the job discrimination laws the EEOC enforces and the process for filing an EEOC charge, the updated version is designed for […]

The Kullman Firm Ranked as a U.S. News – Best Lawyers “Best Law Firm”

November 3, 2023 – The Kullman Firm is honored to be ranked in the 2023 U.S. News – Best Lawyers “Best Law Firm” list. The firm’s Baton Rouge, Mobile, and New Orleans offices were included in the rankings. Regional Rankings Metropolitan Tier 1 Baton Rouge Employment Law – Management Labor Law – Management Worker’s Compensation […]

The Kullman Firm Welcomes Amiel Provosty

September 19, 2022 – The Kullman Firm is pleased to announce that Amiel Provosty has joined the firm in the New Orleans, LA, office. Mr. Provosty has been working as a trial attorney at the NLRB, Region 15 for the last 12 years and brings a wealth of NLRB-related experience to the firm’s labor practice. […]

The Kullman Firm Welcomes Benjamin Landau-Beispiel as an Associate

September 6, 2022 – The Kullman Firm is pleased to announce that Benjamin Landau-Beispiel has joined the firm as an associate in the New Orleans, LA, office. Mr. Landau-Beispiel, a native of Philadelphia, Pennsylvania, is an associate in the Kullman New Orleans office. He joined the firm after being a part of the firm’s law […]

The Kullman Firm Welcomes Angelle Crochet as an Associate

August 22, 2022 – The Kullman Firm is pleased to announce that Angelle E. Crochet has joined the firm as an associate in the New Orleans, LA, office.  Ms. Crochet, a native of Kenner, Louisiana, received her Juris Doctorate and Degree in Comparative Law from the Louisiana State University Paul M. Hebert Law Center in […]

OFCCP LAUNCHES ITS NEW CONTRACTOR PORTAL: CONTRACTORS WILL BE REQUIRED TO ANNUALLY CERTIFY DEVELOPMENT/MAINTENANCE OF AFFIRMATIVE ACTION PLANS

December 3, 2021 – On December 2, 2021, the Office of Federal Contract Compliance (“OFCCP”) released a bulletin announcing the creation of its new “Contractor Portal.” That Portal must be used by federal contractors and subcontractors to certify annually that they have developed and are maintaining affirmative action programs for each establishment and/or functional unit […]

OSHA ISSUES COVID VACCINE/TESTING RULE

November 7, 2021 – UPDATE: On November 6, 2021 the U.S. Court of Appeals for the Fifth Circuit temporarily stayed OSHA’s new Emergency Temporary Standard (ETS) Rule on COVID-19 vaccination and testing. A number of personnel staffing companies moved for the stay the same day the ETS was released, arguing the Rule impermissibly delegates Congress’s […]

NEW COVID-19 VACCINE GUIDANCE FOR FEDERAL CONTRACTORS AND SUBCONTRACTORS

September 25, 2021 – On September 24, 2021, the Safer Federal Workforce Task Force released new Guidance on COVID-19 workplace safety protocols for Federal Contractors and Subcontractors. This Guidance accords with President Biden’s September 9, 20201 Executive Order. That Order applies to most (but not all) Federal contractors and subcontractors with new contracts, new solicitations, […]

PRESIDENT BIDEN RAMPS UP COVID-19 VACCINATION AND TESTING REQUIREMENTS

September 10, 2021 – Three major developments pertaining to COVID-19 in the workplace have just emerged from the federal government. These developments affect federal employees and contractors, as well as all private employers with 100 or more employees. First, on September 9, 2021, President Biden issued “Executive Order on Requiring Coronavirus Disease 2019 Vaccination for […]

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