by Paige Good and Harrison Kosmider, McAfee & Taft
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A recent (and surprising) ruling from the U.S. Supreme Court may allow businesses to be sued in states where they have little connection. The Court ruled 5-4 to uphold a Pennsylvania law that requires a corporation to...
On June 13, 2023, the National Labor Relations Board (NLRB) released a decision, referred to as Atlanta Opera Inc., that marks a shift in the applicable test for whether a worker qualifies as an independent contractor...
Under the new Pregnant Workers Fairness Act (PWFA), which took effect on June 27, 2023, employers are now required to provide “reasonable accommodations” to nursing and pregnant employees. Similarly, the Providing Urgent...
Employers are (or should be) well aware by now that repeated sexually explicit comments by employees toward their colleagues can lead to liability for sexual harassment, a form of sex discrimination. But what if the...
On June 15, 2023, Governor Gretchen Whitmer signed Senate Bill 90, which amends the Elliott-Larsen Civil Rights Act (ELCRA) to prohibit discrimination based on traits historically associated with race, such as hair...
On June 1, 2023, the U.S. Supreme Court issued a decision some have deemed a blow to the right to strike. The 8-1 decision crossed ideological lines, as both conservative and liberal members of the Court either joined...
Red Sox or Yankees? Hamburgers or hot dogs? In the office or work from home? While some debates have been around for many years, the debate over whether employees should be required to be back in the office or be...
Wisconsin businesses should think twice before assuming that hiring independent contractors relieves them of the obligation to pay unemployment insurance taxes. Wisconsin law requires payment unless an employer can prove...
In a unanimous decision on June 29, 2023, the U.S. Supreme Court clarified, without overruling, a decision on religious belief accommodations that has guided employers since 1977. According to the Court, what the Equal...
Can a web-designer refuse to serve gay couples because doing so would violate her religious beliefs? In 303 Creative LLC v. Elenis, the U.S. Supreme Court gave the surprising answer “Yes” when the service is linked to...
At bottom, the American problem has always been race and racism. It warped the moral vision of the Founders. It distorted the core elements of the Constitution. It infected acts of Congress. It perverted too many Supreme...
On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule in the Federal Register implementing the No TikTok on Government Devices Act addressed in the Office of Management and Budget...
On Thursday July 13, the U.S. Senate confirmed Kalpana Kotagal as the fifth commissioner of the Equal Employment Opportunity Commission (EEOC) 49 to 47, finally giving the Biden administration the three Democratic...
A number of the National Labor Relations Board’s (NLRB) precedent-breaking decisions—all favoring union/worker rights—will soon face judicial review, often before skeptical benches. The outcome of these cases will have a...
A week after the U.S. Supreme Court rejected the use of race for college admission, 13 Republican state attorneys general (AGs) sent a letterto the CEOs of the Fortune 100, warning them not to use race-based initiatives...
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