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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

7th Circuit: Overtime pay not mandated for incidental activities

The Fair Labor Standards Act (FLSA) requires an employer to pay overtime for activities that are merely incidental to employees’ core job responsibilities when the employer elects—either by contract, custom, or practice...

Oct 30, 2023 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

2023 changes to California Fair Chance Act provide clarity

On October 1, 2023, revisions to the California Fair Chance Act (FCA) went into effect. Since 2018, the FCA has governed how and when employers may inquire about and consider job applicants’ criminal history. With these...

Oct 27, 2023 · Employment Law Letter · California

Department issues important PFML updates

The Massachusetts Department of Family and Medical Leave has issued some updates that are important for employers to know. The department administers the Paid Family and Medical Leave (PFML) law, under which employees...

Oct 27, 2023 · Employment Law Letter · New England · Massachusetts

Technically flawed arbitration agreements will not be enforced

Marijuana and attention to detail are not generally found in the same sentence. A failure to pay attention to the most basic detail in a pair of arbitration agreements meant that the claims of two cannabis company...

Oct 13, 2023 · Employment Law Letter · California

Court decides cold-blooded employment claim

A recent unpublished decision provides some solace to employers who rankle over being subjected to untrue liability claims. The case shows that it’s one thing to make the claim, and another to be believed by the trier of...

Oct 13, 2023 · Employment Law Letter · California

Look out for new workplace obligations in 2024

The California Legislature has been extremely busy in 2023, passing scores of employment bills. Governor Gavin Newsom recently signed over 150 of those bills into law, keeping faith with his proemployee constituency...

Oct 13, 2023 · Employment Law Letter · California

Lahaina’s wildfire destroyed Maui’s economy—11% of Maui jobs lost

On August 8, 2023, the island of Maui suffered a devastating wildfire that destroyed the city of Lahaina and left economic and environmental damage behind. On top of the loss of life, hundreds of businesses were...

Oct 11, 2023 · Employment Law Letter · West · Alaska · Arizona · Hawaii · Nevada · Oregon · Washington

NLRB takes another swing at confidentiality, nonsolicitation, and noncompetes

In its decision in McLaren Macomb, the National Labor Relations Board (NLRB) addressed employees’ rights to organize under Section 7 of the National Labor Relations Act (NLRA), limiting severance agreement terms relating...

Oct 11, 2023 · Employment Law Letter · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

NLRB cracks down on noncompetes in workplace

A few months ago, I wrote about a new initiative from the National Labor Relations Board (NLRB) that promised a crackdown on noncompetes for interfering with employees’ rights to move from one employer to another and to...

Oct 11, 2023 · Employment Law Letter · Texas

Reverse discrimination lawsuit filed against Dallas law firm

The recent U.S. Supreme Court decision prohibiting racial preferences in college admissions is promoting all sorts of employment litigation in the business world. Latest stop: The Dallas office of a national law firm was...

Oct 11, 2023 · Employment Law Letter · Texas