by John T. Below and Cameron D. Ritsema, Bodman PLC
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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...
The most recent Supreme Court term ended with several decisions that have potentially monumental implications for the future of the Administrative State (see “Supreme Court ends ‘Administrative State’”)—particularly for...
In a momentous decision overturning decades of precedents, the U.S. Supreme Court ruled in SFFA v. Harvard/UNC last year that the use of race in college admissions violated Title VI of the Civil Rights Act of 1964...
After the U.S. Supreme Court’s Loper Bright decision overturning Chevron deference, Senator Bill Cassidy (R-La.) sent a series of letters to various federal agencies seeking their response to the decision. The letter to...
Some thousands of years ago, the Israelites were a stateless people, with no hereditary monarch and no organized leadership, so they were led by a group of people guided by their understanding of their traditions and...
Artificial intelligence (AI) refers to automatic systems that use data to make decisions, predictions, or recommendations. AI provides great opportunities to improve many aspects of our lives—how we work, learn, and live...
Earlier this summer, we alerted you to the Federal Trade Commission’s (FTC) approval of a final rule implementing a nationwide ban on noncompete clauses in new employment agreements (see “FTC announces nationwide ban on...
Q A former employee who was fired has requested a copy of her personnel file. What documents would she be entitled to receive? What an ex-employee can access in their file varies by state. In Iowa, people who are no...
When the Occupational Safety and Health Administration (OSHA) conducts a workplace inspection, the agency’s long-standing rule (known as “the walk-around rule”) has been that employees can designate a representative to...
On July 3, 2024, a judge in the Northern District of Texas issued a preliminary court order that temporarily blocks the Federal Trade Commission (FTC) from implementing its noncompete ban but only for the specific...
The Phoenix District Office of the Equal Employment Opportunity Commission (EEOC), which covers Arizona, Colorado, Utah, Wyoming, and part of New Mexico, recently obtained two substantial settlements in lawsuits the...
We can learn a lot from the military. One such lesson: how to write effective emails, those that are read and understood. “How to Write Email with Military Precision” by Kabir Sehgal appeared in the Harvard Business...
Attracting and retaining high-performing workers—always a challenge—has become a struggle for many employers, leading them to rethink the perks they offer. Some are happy to offer free snacks, others hope to lure people...
When thinking about the hiring process, those doing the hiring often focus on mistakes job candidates make. Maybe hopefuls show up for an interview late and unprepared, or maybe they’re interested in the job’s salary but...
Recently, the Idaho Supreme Court remanded (sent back) a decision from the Idaho Industrial Commission because the commission had failed to give proper weight to the employee’s argument that the employer had selectively...
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