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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

Be sure you know how to recoup overpayment of wages

Q Is there a statute of limitations regarding when employers must inform employees of an overpayment of wages, and can employees be held legally accountable for paying the overpayment back? The Federal Labor Standards...

Nov 01, 2024 · Employment Law Letter · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming

NLRB continues scrutiny of ‘stay-or-pay’ provisions, noncompete agreements

In May 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memo outlining her position that noncompete agreements in employment contracts potentially violate workers’ rights under...

Nov 01, 2024 · Employment Law Letter · California · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

Termination claims dismissed, but invasion of privacy was not

The University of California (UC) acted almost perfectly, investigating claims of professorial misconduct while responding appropriately to disability accommodation requests. But they shared their concerns—and employee...

Oct 25, 2024 · Employment Law Letter · California

California Supreme Court to rule on arbitration forfeiture

To make sure employment arbitration proceedings move along quickly, a new California law says that “if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting...

Oct 11, 2024 · Employment Law Letter · California

Privilege of Dignity: Hospital’s peer review was protected

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer...

Oct 11, 2024 · Employment Law Letter · California

Biden overtime rule clears first hurdle, challenges remain

The increasingly complicated legal battle over the Fair Labor Standards Act’s (FLSA) overtime rule—and the way it defines the exemptions for executive, administrative, professional, outside sales, and computer employees...

Oct 01, 2024 · Federal Employment Law Insider

Attacks continue to undermine DEI programs

Immediately after the Supreme Court’s decisions in SFFA v. Harvard/UNC eliminating the use of race in higher education admissions, questions were raised about corporate diversity, equity, and inclusion (DEI) programs...

Oct 01, 2024 · Federal Employment Law Insider

NLRB, ALJs facing existential challenges

Since the Supreme Court’s rulings in Loper Bright and Jarkesy, employers have wondered to what degree the High Court’s rulings would affect the National Labor Relations Board (NLRB), which has long regarded itself as...

Oct 01, 2024 · Federal Employment Law Insider

Employers challenge constitutionality of DOL ALJs

When the Supreme Court decided SEC v. Jarkesy, it only decided one of the issues in the U.S. 5th Circuit Court of Appeals decision. As we noted in “NLRB, ALJs facing existential challenges,” the 5th Circuit in Jarkesy...

Oct 01, 2024 · Federal Employment Law Insider

EEOC has 3-1 Democratic majority

With the departure of Equal Employment Opportunity Commission (EEOC) Commissioner Keith Sonderling (R), the Democrats on the Commission have a 3 to 1 majority. It’s unlikely this change will make any difference for the...

Oct 01, 2024 · Federal Employment Law Insider