The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more
7/18/2024
/ Acheson Hotels LLC v Laufer ,
Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Administrative Remedies ,
Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Agreements ,
Chevron Deference ,
Civil Rights Act ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Disability Discrimination ,
Drug Testing ,
Employee Benefits ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Failure to Accommodate ,
Fringe Benefits ,
Government Agencies ,
Hiring & Firing ,
Labor Disputes ,
Labor Relations ,
Lateral Transfers ,
Loper Bright Enterprises v Raimondo ,
Minimum Wage ,
Misclassification ,
Muldrow v City of St Louis ,
Murray v UBS Securities LLC ,
NLRA ,
NLRB ,
Over-Time ,
Reinstatement ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
SEC v Jarkesy ,
Sex Discrimination ,
Smith v Spizzirri ,
Standard of Proof ,
Starbucks Corp. v McKinney ,
Statute of Limitations ,
Statutory Interpretation ,
Title VII ,
Unemployment Benefits ,
Unfair Labor Practices ,
Union Organizers ,
Unions ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more
8/10/2020
/ ADEA ,
Affordable Care Act ,
Arbitration ,
Arbitration Agreements ,
Babb v Wilkie ,
Benefit Plan Sponsors ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
Comcast Corp. v National Association of African American-Owned Media ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
DACA ,
Department of Homeland Security v Regents of the University of California ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Intel Corp. Investment Policy Committee v. Sulyma ,
LGBTQ ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Race Discrimination ,
Religious Discrimination ,
Religious Institutions ,
Retirement Plan ,
SCOTUS ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Trade Secrets ,
Transgender ,
Trump Administration
Employers paid out a record $68.2 million to those alleging sexual harassment violations through the EEOC in 2019, shattering the all-time record by over $10 million and reminding us all that the #MeToo movement continues to...more
1/29/2020
/ #MeToo ,
ADEA ,
Civil Rights Act ,
Disability Discrimination ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Law Violations ,
Sexual Harassment ,
Strategic Enforcement Plan ,
Title VII ,
Wage and Hour
The Equal Employment Opportunity Commission yesterday withdrew its 1997 policy statement that had disapproved of the practice of requiring workers to enter into arbitration agreements to resolve workplace discrimination...more
12/18/2019
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Federal Arbitration Act ,
Mandatory Arbitration Clauses ,
Title VII
In a highly anticipated move, the U.S. Supreme Court today agreed to consider a trio of cases that will determine whether the nation’s most prominent workplace discrimination statute prohibits employment discrimination...more
4/22/2019
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Certiorari ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employment Litigation ,
Gender Identity ,
LGBTQ ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII
19th-century British poet Alfred Tennyson once said, “In the Spring, a young man’s fancy lightly turns to thoughts of love.” And while you might hold a certain amount of affection for your employees this time of year and want...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Affordable Care Act ,
Appeals ,
Ban the Box ,
Civil Rights Act ,
Corporate Counsel ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Training ,
Fair Labor Standards Act (FLSA) ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Governor Brown ,
GrubHub ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Independent Contractors ,
Misclassification ,
New Rules ,
NLRB ,
OFCCP ,
Over-Time ,
Parental Leave ,
Preventive Health Care ,
Proposed Rules ,
Restraining Orders ,
Retaliation ,
Salary/Wage History ,
SCOTUS ,
Sexual Harassment ,
State Labor Laws ,
State Legislatures ,
Tip-Pooling ,
Title VII ,
Transgender ,
Travel Ban ,
Trump Administration ,
Wage and Hour ,
Whistleblowers
Attorney General Jeff Sessions formally reversed the federal government’s position on whether transgender workers are covered by Title VII of the Civil Rights Act, informing all U.S. Attorneys and heads of all federal...more
10/9/2017
/ Attorney General ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Job Applicants ,
LGBTQ ,
Policy Memorandums ,
Sex Discrimination ,
Title VII ,
Transgender ,
Trump Administration
If you are the kind of person who gets excited by hot-button legal topics and monumental court decisions, this is the Supreme Court term for you. The SCOTUS kicked off their 2017-2018 term several days ago by hearing...more
10/7/2017
/ Appeals ,
Arbitration Agreements ,
Car Dealerships ,
Civil Rights Act ,
Class Action Arbitration Waivers ,
Collective Bargaining ,
Department of Labor (DOL) ,
Employment Discrimination ,
Employment Litigation ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
First Amendment ,
Freedom of Religion ,
LGBTQ ,
NLRA ,
NLRB ,
Public Accommodation ,
Public Sector Unions ,
Retaliation ,
Same-Sex Marriage ,
SCOTUS ,
Service Advisors ,
Sexual Orientation Discrimination ,
Shop Fee Arrangements ,
Statute of Limitations ,
Title VII ,
Travel Ban ,
Trump Administration ,
Unpaid Overtime ,
Whistleblowers
Groundbreaking Decision Could Lead Other Federal Courts To Follow Suit -
This week, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are...more
4/7/2017
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender
Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more
9/10/2013
/ ADEA ,
Age Discrimination ,
American Express v Italian Colors Restaurant ,
Arbitration ,
Arbitration Agreements ,
Civil Rights Act ,
Comcast v. Behrend ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fisher v University of Texas ,
Genesis Healthcare Corp. v. Symczyk ,
Harassment ,
McCutchen v. U.S. Airways ,
Oxford Health v Sutter ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Supervisors ,
Title VII ,
US v Windsor ,
UT Southwestern Medical v Nassar ,
Vance v. Ball State University