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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

NLRB’s noncompete pendulum has swung back

Readers of this column know that the National Labor Relations Board (NLRB) was created to reflect the politics of the incumbent president. Each board member has staggered five-year terms, so every president gets to...

Jun 29, 2023 · Employment Law Letter · California

Broadly offensive music and lyrics create hostile environment

It’s been almost 40 years since the U.S. Supreme Court recognized that a hostile work environment can constitute sex discrimination and sexual harassment under Title VII of the Civil Rights Act of 1964, the federal...

Jun 29, 2023 · Employment Law Letter · California

Heat-related injuries are this summer’s hot topic

As summer heats up, employers should keep a close eye on how heat affects their workforce. Heat-related illness is a hot topic for the federal Occupational Safety and Health Administration (OSHA) as well as state OSHA...

Jun 15, 2023 · Employment Law Letter · California · Great Lakes · New England

9th Circuit weighs in on who is responsible for unpaid wages

When you see the packages of strawberries in the produce department, you probably don’t consider whose employees grew, packaged, and shipped them. The court of appeal recently had to consider whether farmworkers work for...

Jun 15, 2023 · Employment Law Letter · California

Whose faith? Whose credit?

“The full faith and credit of the United States.” It’s an awesome notion, one that has changed the world and made contemporary international finance and trade possible: a currency so reliable, so respected, that a...

Jun 01, 2023 · Federal Employment Law Insider

Acting Director Hodge discusses contractors use of AI

Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge recently responded to questions from federal contractors on the use of AI in employment decisions. Hodge—who just recently became...

Jun 01, 2023 · Federal Employment Law Insider

EEOC Vice Chair Samuels provides guidance to employers

Equal Employment Opportunity Commission (EEOC) Vice Chair Jocelyn Samuels spoke to an employer association and covered a wide range of topics on which the commission is focused: The EEOC is working on additional guidance...

Jun 01, 2023 · Federal Employment Law Insider

OMB issued revised OFCCP scheduling letter for comment

On April 18, 2023, the Office of Management and Budget (OMB) issued a revised scheduling letter and itemized listing, with comments due on May 17, 2023. In the original scheduling letter, the Office of Federal Contract...

Jun 01, 2023 · Federal Employment Law Insider

Federal agencies take action on artificial intelligence

With the arrival of ChatGPT last year and the release of similar products throughout this winter and spring, the Equal Employment Opportunity Commission (EEOC) and other federal agencies are intensely focused on...

Jun 01, 2023 · Federal Employment Law Insider

U.S. Supreme Court has Chevron in its sights

The U.S. Supreme Court agreed to hear a case challenging the so-called Chevron doctrine, which had given federal executive agencies latitude to interpret broadly written, often ambiguous laws. The implications for...

Jun 01, 2023 · Federal Employment Law Insider

NLRB acts to rewrite law of joint employment

Through its administrative and regulatory arms, the National Labor Relations Board (NLRB) is moving to recast the joint employment law, which will have a profound effect on the entire economy. As the economy has...

Jun 01, 2023 · Federal Employment Law Insider

NLRB continues to rewrite the law, approving abusive language

In a surprising and sweeping decision, the National Labor Relations Board (NLRB) rejected the carefully crafted accord with the Equal Employment Opportunity Commission (EEOC) and its strongest supporters in Congress and...

Jun 01, 2023 · Federal Employment Law Insider