by Paige Good and Harrison Kosmider, McAfee & Taft
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Last summer, in Groff v. DeJoy, the U.S. Supreme Court upended the analysis used to determine whether and how employers must accommodate an employee’s religious beliefs. In the year since, there have been some...
The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) recently proposed a rule that, if finalized, would establish the nation’s first-ever federal safety standard addressing excessive...
When first passed on March 9, 2011, Wisconsin Act 10 restricted collective bargaining rights for public sector employees. It allowed “public safety employees” to continue to collectively bargain with their municipal...
Readers of the newsletter are called upon to perform a variety of tasks, one of which is to counsel employees (and perhaps themselves) on performance metrics and career goals. So, along with sporadic watching of this...
Recently, Connecticut significantly expanded its paid sick leave law. Among other changes, the law will apply to more (and eventually all) Connecticut employers and will allow employees to use paid sick leave for...
During its most recent term, the U.S. Supreme Court decided a case in which a police sergeant alleged she was transferred from one job to a less desirable job in the police department because of her sex. About the case...
Once upon a time, the employee’s workplace was entirely separate from their private life. No more. The two now bleed together, resulting in legal trouble for employers. Male manager targets a female colleague Lindsay...
The ministerial exception was created to protect the free exercise of religious entities in appointing their ministerial positions, while allowing legal protections to flow to employees who don’t fall within the...
The remedy for the breach of an employment contract is limited to actual damages, and California law is generally strong in protecting an employer that wrongfully terminates an employee from tort (wrongful act) damages...
After nearly four years of court battles, Proposition 22—also known as the Protect App-Based Drivers and Services Act—has been upheld by the California Supreme Court. The voter-enacted law allows drivers for app-based...
Many of us watched with interest when the sexual assault convictions against Harvey Weinstein were overturned because the trial court admitted evidence of his misconduct that had nothing to do with the assault he was...
An employee of a subcontractor for an engineering company fell off a ladder at the San Francisco International Airport while in the process of inspecting a jet fuel tank. What steps must the employee take to hold the...
In a trio of decisions at the end of its term—Loper Bright v. Raimondo, SEC v. Jarkesy, and Corner Post v. Board of Governors of Federal Reserve—the U.S. Supreme Court skewed the balance between the three branches of...
A federal district court issued a nationwide injunction preventing the U.S. Department of Labor (DOL) from enforcing three provisions of the recently issued Davis-Bacon Act (DBA) regulations governing the prevailing...
As discussed in the lead article of this issue of FELI, the triumvirate of decisions on agency power—Loper Bright, Jarkesy, and Corner Post—represent a completely new world for employers and federal agencies (see...
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