by Paige Good and Harrison Kosmider, McAfee & Taft
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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...
On August 7, 2023, U.S. District Judge Brantley Starr sanctioned three Southwest Airlines Co. attorneys for failing to comply with a court order after the company lost a religious bias lawsuit. The judge sanctioned the...
The diversity, equity, and inclusion (DEI) and affirmative action programs used by many employers are facing challenges that have escalated following the U.S. Supreme Court ruling on June 29, 2023, in the Harvard College...
The Department of Labor (DOL) has proposed an increase to the Fair Labor Standards Act's (FLSA) annual salary-level threshold for white-collar exemptions to overtime requirements—raising it to $55,068 ($1059/week) from...
The National Labor Relations Board’s (NLRB) Cemex decision reaffirms that elections aren’t the only appropriate path for seeking union representation. With this muted assertion, the Board overturns 50 years of labor law...
The U.S. Department of Labor (DOL) has issued the highly anticipated update of its Davis-Bacon rule. The 800+ page rule expands coverage to include new-technology projects and—by altering the prevailing wage “formula”—is...
On August 25, 2023, the National Labor Relations Boad (NLRB) issued a new set of rules that will apply immediately to many employers and unions locked in a unionizing campaign. The Board has determined that it has the...
A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes...
Though it doesn’t arise in the employment context, consumers filed a complaint against a social media giant claiming its policies and algorithms have the intent and effect of discrimination based on age and gender. In...
A California appellate court, recently tasked with interpreting what constituted “payment” for purposes of complying with California’s arbitration laws, ruled that an arbitration service provider must receive payment of...
We all know that wages are due upon termination of employment. But during the COVID mandatory leaves and shutdowns, when did employment end, and when were final checks due? In one of an ongoing series of decisions...
Employers will now have to show a higher degree of hardship to deny employee requests for religious accommodation. Under Title VII of the Civil Rights Act of 1964 and 29 C.F.R. § 1605.2(b)(1), employers are required to...
On May 1, 2023, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s dismissal without a trial in favor of an employer, meaning the employee’s discrimination and retaliation allegations under...
Data breaches have become common occurrences. Nearly every business—including nonprofits—collects, stores, and uses personal information (PI) that’s valuable to bad actors. All organizations store and process PI about...
It seems employers everywhere and in all lines of work too often struggle to find top quality job candidates. It’s not just employers who are frustrated. Jobseekers are equally exasperated because job postings often don...
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