by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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For several years now, finding and hiring talent has been top of mind for employers. But the picture is changing. Often, there are still more open jobs than qualified employees to fill them, but at least some studies...
Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the potential. No matter...
In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as...
In a recent ruling that could have important implications for employers’ disciplinary actions, the Michigan Supreme Court has expanded the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA)...
A recent case from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) provides a valuable lesson. The case involved a teacher who—to her credit—proceeded on her own without a lawyer. The...
The full court press on corporate diversity, equity, and inclusion (DEI) programs is intensifying as the 2024 presidential election looms. A year after the Supreme Court’s decision in SFFA v. Harvard/UNC, employers face...
Because of the complexities and wide-ranging effects of artificial intelligence (AI), the Biden administration and Congress have cautiously approached regulating the technology. At this juncture, it isn’t clear which...
A landmark $2.8 billion settlement announced by the National Collegiate Athletic Association (NCAA) in an antitrust class action filed by former college athletes reportedly sets a path for schools to share revenue with...
As the Supreme Court ends its current term, it doesn’t appear to recognize that it is in crisis. Once regarded by the public and other jurists as rigorous, respected, and above reproach, the Court has sunk to...
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its “Enforcement Guidance on Harassment in the Workplace,” which is meant to update, consolidate, and replace the previous guidance...
One of the benefits of workers’ compensation is that it shields an employer from much more expensive types of injury claims. The injured worker trades the chance for a huge recovery in favor of an easier, more rapid...
The Private Attorneys General Act (PAGA) is kind of like Godzilla. It arose as an artificial nuclearization of our labor code and then kept growing to obtain powers that weren’t fully imagined or understood at the start...
California’s jurisdiction law is called a “longer arm statute” because it confers to its court’s jurisdiction as broadly as the California and United States Supreme Courts will allow. As taught in this case, that...
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued a final rule making significant changes to the Fair Labor Standards Act (FLSA) regulations regarding the minimum salary threshold for white...
The employer and employee signed an arbitration agreement and agreed thereafter that their dispute should be resolved in arbitration. As we have seen so many times before, the employer was a few weeks late paying the...
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