by Paige Good and Harrison Kosmider, McAfee & Taft
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In two related cases—Students for Fair Admissions Inc. v. President and Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina—the U.S. Supreme Court ruled 6-3 that using race as...
On June 29, 2023, the U.S. Supreme Court unanimously ruled employers that deny a religious accommodation under Title VII of the Civil Rights Act of 1964 must show the burden of granting an accommodation would result in...
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...
Imagine an employee in a workplace meeting stands up and—in a profanity-laced tirade—calls the manager several names not fit for print. Most employers would immediately discipline, if not fire, the employee for violating...
As we have previously written, the limits that can be placed on employment arbitration agreements has been a back-and-forth battle between the supreme courts of the state of California and the United States of America...
The California Legislature is poised to pass Senate Constitutional Amendment (SCA) 7, called “the Right to Organize and Negotiate Act.” If approved by the voters, SCA 7 would grant all Californians the right to join a...
On July 6, 2023, the California Supreme Court issued its ruling that employers aren’t legally responsible in preventing the spread of COVID-19 to nonemployee household members who contracted the virus as a result of...
As generative artificial intelligence (GAI) technology, such as ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason...
The use of artificial intelligence (AI) in the recruiting and hiring process has seen increased popularity in recent years. Many businesses, seeking to lower hiring costs and reduce potential discrimination claims, have...
A former Lyft driver filed suit against the rideshare company under the Private Attorneys General Act of 2004 (PAGA), alleging it misclassified him and other drivers as independent contractors rather than employees...
The United States Supreme Court ended its term in June this year with a series of blockbuster decisions, three of which may have profound implications for employment issues. If there’s a common theme among them, it’s an...
The California Supreme Court held that a provision of the Government Claims Act protects public entities and their employees from liability for wrongful prosecutions or administrative proceedings but doesn’t immunize...
No lesser Founding Father than Alexander Hamilton wrote passionately about the perils of faction. Indeed, Federalist Paper 9 was entitled exactly that: “The Utility of the Union as a Safeguard Against Domestic Faction...
In a May 30 memorandum, NLRB General Counsel Jennifer Abruzzo announced the agency would examine employers’ restrictive covenants, asserting that they generally violate federal labor law. A recent case against Berry...
The new 2023 Spring Regulatory Agenda updates when employers should expect new proposed regulations on joint employment and overtime. The new agenda provides that the notice of proposed rulemaking (NPRM) for new overtime...
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