HR Alerts

Reverse discrimination claims boosted by Supreme Court

by Paige Good and Harrison Kosmider, McAfee & Taft

Jun 06, 2025 · HR Alerts · California · New York · Texas · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

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OFCCP publishes notice on EEO-1 Report FOIA request

The Office of Federal Contract Compliance Programs (OFCCP) published a notice on Friday, August 19, that it had received a request under the Freedom of Information Act (FOIA) from Will Evans of the Center for...

Aug 31, 2022 · Federal Employment Law Insider

NLRB advances ambitious agenda

The National Labor Relations Board (NLRB) continues to be the vanguard for the Biden administration’s proworker, prounion agenda. The Board is also acting on the administration’s goal of creating coordinated, multiagency...

Aug 31, 2022 · Federal Employment Law Insider

Congress reborn!

According to mainstream and alt media, Congress is the national punching bag. Hyper-partisan, gridlocked, do-nothing, obstructionist, self-destructive, and any other string of pejorative descriptions that can be summoned...

Aug 31, 2022 · Federal Employment Law Insider

OFCCP Director Yang keynote opens NILG

Office of Federal Contract Compliance Programs (OFCCP) Director Jenny Yang’s keynote address opened the 2022 National Industry Liaison Group (NILG) Conference in Boston. While Director Yang did not provide a rollout of...

Aug 31, 2022 · Federal Employment Law Insider

Software, algorithms, and AI: new EEOC guidance for employers

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s...

Aug 31, 2022 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mid-Atlantic · Delaware · Maryland · New Jersey · Pennsylvania · Virginia · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Midwest · Arkansas · Kansas · Missouri · Oklahoma · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · New England · Connecticut · Maine · Massachusetts · New Hampshire · Rhode Island · Vermont · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

EEOC updates guidance on COVID testing in the workplace

Since early in the pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has maintained Technical Assistance Questions and Answers on its website to assist employers with navigating the intersection of COVID...

Discipline notes critical in FMLA claims

One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they...

The Real Housewives teaches lessons on defusing drama at work

I used to really enjoy watching The Real Housewives on Bravo. The franchise gave a glimpse into the glittering lives of women in Beverly Hills, Atlanta, and other major cities across America (and Dubai). Unfortunately...

Colorado’s new noncompete law: Four steps to enhance compliance

Colorado’s revised noncompete statute takes effect on August 10, 2022. It imposes strict new requirements for noncompete and customer non-solicit agreements. Here are four steps employers can take to ensure compliance...

Employers may be liable for workplace injuries aggravated by employee conduct

On May 18, 2022, the Idaho Supreme Court clarified the scope of an employer’s liability for workplace injuries under the Idaho Workers’ Compensation Act (WCA). Specifically, the court adopted a new standard for...

Factors to consider if you’re a small employer conducting layoffs

Q We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations if we decide to conduct a temporary layoff in the near future...

Determining independent contractors: Sometimes the government loses

There’s been an ongoing battle between employers and the U.S. Department of Labor (DOL) over when someone is considered an independent contractor versus an employee. A recent decision from the U.S. 8th Circuit Court of...

Very bad year for Wyoming noncompetes (and what you can do to improve yours)

The Wyoming Supreme Court decided four cases in the last 12 months against the enforcement of employees’ agreements not to compete with their former employer. Although each case was unique, the tenor and direction of...

When pregnant employee doesn’t qualify for FMLA leave

Q A pregnant employee has applied for Family and Medical Leave Act (FMLA) leave but has only been employed with our company for about five months, so she doesn’t meet the one-year, 1,250-hours-worked criteria. Are we...

No favorable treatment of ‘similarly situated’ individuals dooms gender discrimination claim

Title VII of the Civil Rights Act of 1964 forbids discrimination based on certain protected categories (e.g., gender) in any aspect of employment. Discrimination can present itself in the form of “hostile work...