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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

NLRB under pressure in presidential election year

The current National Labor Relations Board (NLRB) under President Joe Biden has been heavily involved in moving forward the administration’s prolabor goals. But as the Biden administration draws to a close, the Board...

Sep 01, 2024 · Federal Employment Law Insider

Loper Bright already affecting Biden regulations

With its 2024 Loper Bright decision, the U.S. Supreme Court rejected the long-standing doctrine of Chevron deference, under which courts deferred to federal agencies’ interpretation of a statute when the text was...

Sep 01, 2024 · Federal Employment Law Insider

Highlights from the 2024 National ILG Conference

The annual National Industry Liaison Group (ILG) Conference was held in Orlando this year from July 29 through August 1. While there wasn’t much new because it’s an election year, here are a few highlights: Acting Office...

Sep 01, 2024 · Federal Employment Law Insider

Congress responds to Supreme Court rulings

The recent Supreme Court decisions eliminating Chevron deference and granting presidents all-but blanket immunity have prompted responses from Congress, both to support and invalidate the rulings. No Kings Act In...

Sep 01, 2024 · Federal Employment Law Insider

EEOC contemplates furlough

The Equal Employment Opportunity Commission (EEOC) is considering a furlough for all the agency’s staff for a day in late August to stay under its operational budget. On July 30, 2024, EEOC Chair Charlotte Burrows...

Sep 01, 2024 · Federal Employment Law Insider

View from K Street: Back to work in the Information Age

We have lived through a few weeks none of us has ever experienced: an assassination attempt on a former president who is a current candidate; a presidential withdrawal from the campaign; a Black-South Asian woman as...

Sep 01, 2024 · Federal Employment Law Insider

Scope of Texas Labor Code is on the line

On August 2, the U.S. 5th Circuit Court of Appeals (the federal appeals court covering Texas) asked the Texas Supreme Court to consider whether the Texas Labor Code preempts—that is, displaces and requires dismissal...

Sep 01, 2024 · Employment Law Letter · Texas

A moment of AI sanity

Yes, I know artificial intelligence (AI) is a big deal. But let’s not forget that old school still works. Recently the U.S. 5th Circuit Court of Appeals (which covers Texas) rejected a special AI rule for written briefs...

Sep 01, 2024 · Employment Law Letter · Texas

EEOC settles with Charlotte pancake chain

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on religion and requires that reasonable accommodations be made for sincerely held religious beliefs. The U.S. Equal Employment...

Sep 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Wisconsin employees have right to access personnel records

In Wisconsin, current and former employees—even those who have been fired—have a statutory right to view and copy their personnel records. Below are answers to some common questions regarding what rights a former...

Sep 01, 2024 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

3rd Circuit opens door to employee status for college athletes under FLSA

On July 11, 2024, the U.S. Court of Appeals for the 3rd Circuit held that college athletes may be considered employees under the Fair Labor Standards Act (FLSA). College athletes have historically been classified as...

Sep 01, 2024 · Employment Law Letter · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia

Assessing the state of RTO: Employers push ahead, while employees push back

When the COVID-19 pandemic began to ease, employers started reassessing their workplaces. Some decided to call everyone back to the office, while others continued work-from-home (WFH) arrangements on a permanent and...

Sep 01, 2024 · Employment Law Letter · California · New York · Midsouth · Kentucky · North Carolina · South Carolina · Tennessee · West Virginia · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota