Photo of Maja Hartzell

Maja Hartzell represents employers in a range of labor and employment law matters, defending against claims of discrimination, harassment, and retaliation before federal and state courts and other administrative entities. She has experience defending clients against claims arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Family and Medical Leave Act, state whistleblowing statutes, along with the prosecution and defense of claims alleging breaches of restrictive covenants. In addition, Maja counsels employers on employee handbooks, employment agreements, and other employment policies and practices in response to and in compliance with developments in employment law.

The Background

The Pregnant Workers Fairness Act (PWFA) became effective on June 27, 2023. On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its proposed regulations on the PWFA. After receiving over 100,000 public comments on its Notice of Proposed Rulemaking, the EEOC issued its final rule and interpretive guidance to implement the PWFA on April 15, 2024 (Final Rule). Continue Reading Summary of the EEOC’s Final Regulations Implementing the Pregnant Workers Fairness Act

On April 1, the Occupational Safety and Health Administration (OSHA) published its Worker Walkaround Representative Designation Process Rule, which is set to take effect 30 days after its publication in the Federal Register on May 31, 2024. The new rule broadens workers’ rights to choose who represents them during safety inspections, overwriting an old standard that required the representative to be a fellow employee and opening the door for outside representatives such as those from unions.Continue Reading Can a Non-Employee Join a Safety Inspection? Yes, Under OSHA’s New Worker Walkaround Rule a Non-Employee Can Serve As an Employee Representative During Safety Inspections

The Supreme Court recently ruled that the burden an employer must meet in denying a requested religious accommodation is “substantial” and not merely “de minimis.”  Employers will now have a harder time denying religious accommodations. Continue Reading Supreme Court Increases Employer’s Obligation in Religious Accommodation Requests

The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly situated.”  Continue Reading Sixth Circuit Adopts New Certification Procedure Under the FLSA

The National Labor Relations Board (NLRB) recently issued a decision radically changing how employers may use (or, more accurately, not use) nondisparagement and confidentiality clauses in severance agreements.Continue Reading NLRB Rules that Confidentiality and Nondisparagement Provisions in Severance Agreements Presented to Section 7 Employees are Unlawful

The U.S. Supreme Court recently ruled that a highly compensated employee who was paid a guaranteed daily rate but not a guaranteed weekly rate was not properly paid “on a salary basis” and, therefore, was not correctly classified as exempt from overtime pay. In other words, an employee who made in excess of $200,000 a year was still owed overtime pay. The decision highlights the importance of employers meeting the “salary basis” test to satisfy what is commonly referred to as the white-collar exemptions from overtime pay.Continue Reading U.S. Supreme Court Rules That a Highly Compensated Employee Paid on a Daily-Rate Basis is Entitled to Overtime Pay