by Paige Good and Harrison Kosmider, McAfee & Taft
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Q Can we uphold our employee handbook policy that states employees are eligible for sick leave after 90 days of employment, or must we adhere to state sick leave laws that say they should be eligible upon being hired...
With its ruling in early June, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to file a disparate treatment claim under Title VII of the Civil Rights Act...
The Myth: The U.S. Supreme Court is pro-employer. The Truth: The U.S. Supreme Court is pro-employee. Why? All the Justices agree on the power of “textualism,” which means that a court must strictly follow the words of a...
On May 8, 2025, the Colorado General Assembly passed Senate Bill (SB) 25-083—a legislative ban on physician noncompete agreements—with little opposition and sent it to Governor Jared Polis. By the time this article goes...
The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest medical cannabis may help treat various...
President Donald Trump began his second term with the force of a hurricane. In a matter of days, the face of the country and its government had profoundly changed. Entire federal departments were slated for elimination...
The Equal Employment Opportunity Commission (EEOC) officially opened the 2024 EEO-1 Component 1 data collection portal on May 25, 2025. All private employers with 100 or more employees and any federal contractors with 50...
Employers remain uncertain about some of the most fundamental workplace regulations, and the outlook remains unclear as the Trump administration and its agencies strain to organize themselves in the midst of shifting...
On April 23, 2025, President Trump issued Executive Order (EO) 14281, Restoring Equality of Opportunity and Meritocracy, which seeks to “eliminate the use of disparate-impact liability in all contexts to the maximum...
On May 19, 2025, the Department of Justice (DOJ) announced a new civil rights fraud initiative, which will use the False Claims Act (FCA) to investigate and, as appropriate, pursue claims against any recipient of federal...
On May 22, the U.S. Supreme Court short-circuited deliberations at the D.C. Appellate Court on whether President Trump can fire members of independent boards by granting the administration’s emergency request for a stay...
Recent rulings from two different federal district courts mean the Equal Employment Opportunity Commission (EEOC) will have to revisit and revise its antiharassment guidance and its Pregnant Workers Fairness Act (PWFA)...
Thomas Jefferson is credited with having said, “When government fears the people, there is liberty. When the people fear the government, there is tyranny.” When Senator Lisa Murkowski (R-AK)—all but invulnerable, with...
The first 100 days of the second Trump administration saw a flurry of Executive Orders (EOs) on a range of issues, with many aimed at rolling back long-standing civil rights, affirmative action, and antidiscrimination...
Not so long ago, people living away from urban centers didn’t have the opportunity to work for an employer headquartered in a faraway city. But technology has made remote work not just possible but also often...
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