by John T. Below and Cameron D. Ritsema, Bodman PLC
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The U.S. Supreme Court issued a decision in June known as Students for Fair Admissions, which ruled college admission programs cannot consider race. Although the ruling was specifically about educational institutions...
Noncompete agreements, which restrict a worker’s ability to work for a competitor, have come under increased scrutiny in recent years. In 2018, Massachusetts instituted comprehensive noncompete reform, which includes...
On May 4, 2023, the Department of Homeland Security (DHS) and U.S Immigration and Customs Enforcement (ICE) announced that starting on July 31, 2023, temporary flexibilities for Form I-9 compliance will be eliminated...
The lack of formality in administrative proceedings, such as unemployment claims, can lead corporations, LLCs, and other entities to believe they can file appeals in Arkansas courts. Recent cases have reemphasized that...
The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members...
The Employee Retirement Income Security Act (ERISA) isn’t limited to only covering pension or retirement benefits. It also covers most fringe benefits, such as health insurance, offered by employers. A recent case before...
In a unanimous decision, Groff v. Dejoy, the U.S. Supreme Court revived a former U.S. Postal Service mail (USPS) carrier’s religious bias suit. In the process, the Court upended decades of lower court precedent regarding...
The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification...
Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there...
To compel arbitration in West Virginia, you must first show that a valid arbitration agreement exists. The Supreme Court of Appeals of West Virginia recently ruled you can simply attach a copy of the arbitration...
The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform...
By the time you read this, we will know whether the junta called the Freedom Caucus has driven the country into another chaotic government closure. But, then again, the House is nothing short of a House of chaos itself...
On September 21, 2023, the Equal Employment Opportunity Commission (EEOC) published its strategic enforcement plan for fiscal years (FY) 2024 to 2028 in the Federal Register. The plan extends the agency’s focus to these...
On September 11, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its second Corporate Scheduling Announcement List (CSAL) in fiscal year (FY) 2023. The list of 1,000 contractors includes 973...
Both Senate and House Republicans have proposed bills to limit Acting Secretary of Labor Julie Su’s tenure. The House proposed the Department of Labor Succession Act (H.R. 4957), which would place the line of succession...
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