On June 29, 2023, the United States Supreme Court issued a historic decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North...more
7/5/2023
/ Affirmative Action ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Popular ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Universities
On August 18, 2021, President Biden announced that he would use the regulatory authority of the Executive Branch to increase the COVID-19 vaccination rate among nursing home workers. President Biden directed the Department of...more
Most people think of the National Labor Relations Board (NLRB), which administers the National Labor Relations Act (NLRA), as the board that governs unionized workplaces. However, the NLRB can regulate non-union employers to...more
It is estimated that the "American criminal justice system holds almost 2.3 million people in 1,719 state prisons, 102 federal prisons, 1,852 juvenile correctional facilities, 3,163 local jails, and 80 Indian Country jails as...more
The Fair Labor Standards Act (FLSA) requires that employers pay most workers at least minimum wage for all hours worked, plus overtime – one and one-half the employee's regular rate of pay – for all hours worked in excess of...more
That question has been asked for many years, especially after the U.S. Supreme Court struck down the Defense of Marriage Act in 2013 (U.S. v. Windsor) and subsequently held state bans of same-sex marriages are...more
Under the Fair Labor Standards Act (FLSA), certain employees can be exempt from overtime if they meet the "white collar exemptions" – the bona fide executive, administrative, professional, certain computer and outside sales...more
In this December 18, 2015, article, we discussed employer-sponsored wellness programs and the EEOC's apparent apprehension of them. The article referenced the EEOC's lawsuit against plastics manufacturer Flambeau, Inc. in...more
Employer-sponsored wellness programs have quickly become the "in" thing in the workplace. In fact, 70 percent of U.S. employers currently offer wellness programs. The programs can vary greatly, but generally include health...more
On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more
On June 26, 2015, the United States Supreme Court issued its monumental decision in Obergefell, et al. v. Hodges, et al.; Case No. 14-556, holding that state bans of same-sex marriages are unconstitutional. Specifically, the...more
8/21/2015
/ Disparate Impact ,
Disparate Treatment ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
LGBTQ ,
Obergefell v. Hodges ,
OH Supreme Court ,
Public Accommodation ,
Same-Sex Marriage ,
Same-Sex Marriage Bans ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII
Two big decisions in two days from the Supreme Court. Read on for details. Same-Sex Marriage is a Go! Today, the United States Supreme Court issued a monumental decision in Obergefell, et al. v. Hodges, et al.; Case No....more
6/29/2015
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Discrimination ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Fourteenth Amendment ,
Harassment ,
Health Insurance ,
Health Insurance Exchanges ,
King v Burwell ,
Marriage ,
Marriage Equality ,
Obergefell v. Hodges ,
Public Health Insurance Marketplace ,
Same-Sex Marriage ,
SCOTUS ,
State Health Insurance Exchanges ,
Subsidies ,
Tax Credits
Title VII is clear: if the EEOC finds discrimination, it is supposed to "endeavor to eliminate [the] alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion." 42 U.S.C. §...more
With Halloween and Thanksgiving behind us, and Christmas and Hanukkah just around the corner, it is time to consider how to have a merry season, while protecting both your employees and your company. Giving forethought to...more
On December 11, 2014, the National Labor Relations Board (NLRB), through a divided panel, held that employees may use employer-provided email systems for union organizing. Specifically, the NLRB held "employee use of email...more
In a unanimous decision on December 9, 2014, the United States Supreme Court held that the time employees spent waiting to undergo and undergoing security screenings post-shift (approximately 25 minutes each day) is not...more
In February 2014, President Obama issued Executive Order 13658 to raise the minimum wage for federal construction and service contractors to $10.10 for all employees. Executive Order 13658 instructed the Department of Labor...more
On August 22, 2014, the National Labor Relations Board ("NLRB") issued a 3-member panel, unanimous decision that the termination of two employees because of their Facebook activity violated the National Labor Relations Act....more
Mississippi's current Constitution, adopted in 1890, confirmed the State's intention to be a "right to work" state:
It is hereby declared to be the public policy of Mississippi that the right of a person or persons to...more
In 2013, the United States Supreme Court held, in U.S. v. Windsor, that the Defense of Marriage Act's limitation of "marriage" and "spouse" to heterosexual couples was unconstitutional. Thereafter, President Obama instructed...more
Based upon a unanimous ruling from the United States Supreme Court and comments from President Barack Obama during his State of the Union address, wage and hour issues are front and center for 2014. Under the wage and hour...more
The Fair Labor Standards Act (FLSA) requires that employers pay most hourly workers for all hours worked plus overtime, calculated at one-and-a-half times the employee's regular rate, based on 40 hours per seven-day workweek....more
That was the question recently presented to the United States Court of Appeals for the Fifth Circuit, and the Fifth Circuit resoundingly answered "no." Specifically, in Neely v. PSEG Texas, LP, the Fifth Circuit held "though...more
This June, the U.S. Supreme Court announced the causation standard for Title VII retaliations claims in the landmark case of University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517, 2533 (2013),...more
The Scenario: Female employee returns from 12-week maternity leave. Upon her return to work, she requests permission to use break time to express breast milk. Additionally, she requests a private room other than a bathroom...more