by Peter Lowe and Lynn Gelinas, Brann & Isaacson
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After the U.S. Supreme Court’s decision in SFFA v. Harvard/ UNC, opponents of diversity, equity, and inclusion (DEI) have launched an all-out attack on corporate DEI programs. Recently, however, the courts have offered...
Just as the National Labor Relations Board’s (NLRB) new joint employer regulation was set to become effective, it was struck down by Judge J. Campbell Barker of the Eastern District of Texas. The flux and instability in...
The Department of Labor’s (DOL) overtime rule—Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees—proposed last Fall, is nearing the final stages of...
Although the U.S. 9th Circuit Court of Appeals panel seemed skeptical of the Department of Labor’s (DOL) position in oral argument that the federal contractor minimum wage would promote economy and efficiency as required...
On February 27, the Senate HELP Committee voted 11 to 10 to move Acting Secretary of Labor Julie Su’s nomination to be Secretary of Labor to the floor of the Senate for confirmation. Sen. Bernie Sanders (I.-VT) held the...
On March 11, 2024, the Equal Employment Opportunity Commission (EEOC) issued its annual performance report on fiscal year (FY) 2023. The report showed the agency recovered $665M in FY2023, more than $150M more than the...
Almost all of our ancestors, from all around the world, had a common dismissal of the boisterous promise followed by a pitiful result: “The mountain labored and gave birth to a mouse!” Or perhaps we should quote...
The COVID-19 pandemic wreaked havoc on employers’ balancing of in-person policy with potential health risks, and recent court decisions have highlighted the National Labor Relations Board’s (NLRB) and Occupational Safety...
On February 16, 2024, the New Jersey Appellate Division dismissed without a trial a former tenured professor’s complaint against a university that was filed because he disagreed with the findings of his discharge hearing...
Employers have seen an enormous number of changes recently to various rules about how they manage their employee base. This includes a notice of proposed rulemaking by the Federal Trade Commission (FTC) in late 2023...
Apr 01, 2024 · Employment Law Letter
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I like to tell you about areas of deep interest to the Equal Employment Opportunity Commission (EEOC), regardless of where the case pops up. Here’s an update from New York that still has much to teach Texas employers...
Remote work has been all the rage in recent years. Initially, employees were working from home because offices were closed by government mandate. While working from home, employees were usually working in the same town...
In 1977, Hollywood actor John Travolta’s breakout role was Tony in the movie Saturday Night Fever, set in an Italian, blue-collar Brooklyn neighborhood. Tony’s life centered on going to the disco every Saturday night. An...
A U.S. 11th Circuit Court of Appeals (whose rulings cover Alabama, Florida, and Georgia employers) recently upheld the firing of a law enforcement officer who intentionally shot himself while intoxicated on duty. The...
Q One of our employees has been in and out with cold and flu symptoms, but he was recently diagnosed with strep throat. The leave originally wasn’t classified as Family and Medical Leave Act (FMLA) leave, but because the...
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