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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Analysis

Examining the employer values that employees truly value

With all the upheaval the workforce has seen in the last few years, it’s no wonder employers and employees alike are doing some soul searching. Employees are wondering what their life’s work should be and how to balance...

Jul 31, 2022 · Employment Law Letter · 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

Facing up to data security concerns in the new hybrid world of work

Data security has always been a concern for businesses of all types. But with the proliferation of remote and hybrid work, those worries have surged, keeping HR, IT, and other professionals up at night. Sophisticated bad...

Don’t wait too late to arbitrate, warns Supreme Court

The Federal Arbitration Act (FAA) favors the enforcement of arbitration agreements, but employers can’t wait too long to compel arbitration. Courts often apply a contract “waiver” rule if employers sit on their rights...

Where’s the harm? Courts split on Title VII liability for lateral transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights...

When one word and one time are too many

It is “probably the most offensive word in English.” —U.S. Supreme Court Justice Brett Kavanaugh In a recent case, the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Louisiana, Mississippi, and Texas...

Tips on tallying up state tax, withholding consequences of remote work

One of the most sweeping economic changes arising as a result of the COVID-19 pandemic is the shift from in-person to remote working. Although many employees have returned to working on location again, factors indicate...

Jul 24, 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

Title VII doesn’t require showing of tangible harm, D.C. Circuit rules

Title VII doesn’t require employees to demonstrate an “objectively tangible harm,” the full U.S. Circuit Court of Appeals for the District of Columbia Circuit recently ruled. The landmark decision overturned the court’s...

Nurse gets second bite at lawsuit apple, hospital must swallow bitter pill

The California Supreme Court recently dealt a difficult blow to clients of staffing agencies when it ruled that a client-hospital could be sued by a temporary nurse who had been placed at the hospital by a staffing...

Jul 24, 2022 · Employment Law Letter · California

Lawsuit called on account of settlement

For the past eight years, minor league baseball players have been in litigation with Major League Baseball, seeking to void a rule capping their pay and prohibiting payment outside the baseball season. On the eve of...

Jul 24, 2022 · Employment Law Letter · California

Every game needs an umpire

Maybe it’s because I write this during the All-Star break. Maybe it’s because Major League Baseball and minor league players have entered into a settlement, but I have been thinking about umpires. Every game needs a...

Jul 24, 2022 · Employment Law Letter · California

Court reverses PERB’s continued troubling involvement on police reform

In a recent decision, the California Court of Appeal partially corrected the Public Employment Relations Board’s (PERB) egregiously misguided decision striking down most of a voter initiative strengthening Sonoma’s...

Jul 24, 2022 · Employment Law Letter · California

Worker arbitration agreements not enforceable against the government

One of the benefits of compelling worker claims to arbitration is the privacy it affords the parties, especially to hiring entities, as well as more efficiency. In regard to public policy, both state and federal law are...

Jul 10, 2022 · Employment Law Letter · California

Flying on a wing formation and a prayer

For the past 50 years, school districts prevented most religious expression around students and schools to avoid giving the impression the school sanctioned a specific belief. The desire to prevent any hint of...

Jul 10, 2022 · Employment Law Letter · California

Exactly when does an employee start being an ‘employee’?

Are California employers required to compensate job applicants for the time and expense of taking a mandatory drug test? The 9th Circuit (which covers California) recently held a district court properly entered judgment...

Jul 10, 2022 · Employment Law Letter · California

Death of a salesman’s overtime claims

The Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) recognize that not all salespeople are created equal for overtime purposes. While “inside” salespeople (those who make sales from a brick-and-mortar...

Jun 30, 2022 · Employment Law Letter · New York