by Paige Good and Harrison Kosmider, McAfee & Taft
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Q Can an employer have employees sign an agreement authorizing the employer to deduct from employees’ paychecks to cover the cost of employee uniforms? Yes, reducing such agreements to writing is advisable, but pursuant...
Q Are we required to comply with other states’ pay transparency laws when posting remote job openings that may attract applicants from multiple states? Employers that hire remote workers may be required to comply with...
The U.S. Court of Appeals for the 2nd Circuit recently joined the 7th and 9th Circuits in holding that the Equal Employment Opportunity Commission’s (EEOC) investigatory powers don’t end after the agency issues a right...
Title VII of the Civil Rights Act of 1964 has always prohibited religious discrimination in the workplace and has required employers to consider employees’ requests for religious accommodations at work. Examples of...
By this time, employers have decided whether to throw a big holiday bash, skip the party in favor of other activities, or let the season pass without celebration. But for those going the party route, it’s time to put...
There’s been a lot of heat generated over the debate on the legal rights of transgender employees. Here’s my effort to shed some light instead. Claim No. 1 Is transgender status a protected classification under Title VII...
Surveys show the workforce’s adoption of artificial intelligence (AI) continues to grow, but will policymakers keep up? One recent survey found that just 36% of employees polled about their use of AI at work said their...
The H-1B compliance landscape is shifting significantly. Two recent developments—a presidential proclamation and the Department of Labor’s (DOL) new Project Firewall initiative—mean that employers face both new costs and...
There’s a difference between nice and kind. Niceness borders on people pleasing, is often disingenuous, and is seldom productive. By contrast, kindness is all about a sincere interest in others, radiates authenticity...
Courts use a three-part test to see whether there’s enough circumstantial evidence to allow an employment discrimination case to get to trial. The case below is one more example that it isn’t a difficult test to pass...
After more than five years of “no holds barred” litigation, an employee received a jury award of $3.3 million. The worse news was the attorneys’ fees award of almost $5,000,000 that followed. Tough litigation tactics...
The U.S. Department of Justice (DOJ) has started investigating federal contractors and grant recipients for allegations that diversity, equity, and inclusion (DEI) programs violate antidiscrimination laws. Background In...
One of the central facets of the unitary executive theory is that the executive branch of government should operate as a single, fully coordinated entity, with all decisions (major and minor) and all appointees (major...
Beginning with President Trump’s Executive Order (EO) 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government, the Trump administration has made clear it will...
Employers should prepare for expanded religious accommodation and religious expression obligations under the second Trump administration. Trump admin focuses on workers’ ‘religious freedom’ In August, the Office of...
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