HR Alerts

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

No ifs, ands, or buts: Failure to timely pay arbitration fees waives right to arbitration

Recent case developments in California have placed companies on alert that arbitration fees must be timely paid or else an arbitration agreement is materially breached and the right to arbitration waived. California...

Jan 31, 2023 · Employment Law Letter · California

‘Outside sales’ inside Costco: classifying a representative sample

The California Court of Appeal recently held that whether an employee at a fixed site not owned or leased by the employer is subject to the outside salesperson exemption is determined by the extent to which the employer...

Jan 31, 2023 · Employment Law Letter · California

Protections for pregnant and nursing mothers in omnibus spending bill

The recently enacted Consolidation Appropriations Act of 2023 (H.R. 2617) included two provisions for pregnant and nursing mothers. Expanded lactation break rights to exempt employees The Providing Urgent Maternal...

Jan 31, 2023 · Employment Law Letter · 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

Governor Hochul signs New York State’s first statewide ‘pay transparency’ law

On December 21, 2022, Governor Kathy Hochul signed legislation aimed at improving “pay transparency,” which will dramatically affect employers’ job advertisement practices across New York State. Requirements of the new...

Jan 31, 2023 · Employment Law Letter · New York

What to know about New Hampshire’s Paid Family Medical Leave program

New Hampshire is a first-in-the-nation kind of state, and its first-in-the-nation family medical insurance program has made its debut. Open enrollment for the New Hampshire Paid Family Medical Leave (NH PFML) insurance...

Maine vacation payout law goes into effect

Oftentimes, a new year brings changes to state and local laws, and this year is no different. Most Maine employers are now required to payout accrued vacation upon separation of employment. Employers should read up on...

Albemarle company hit by EEOC with harassment suit

The U.S. Equal Employment Opportunity Commission (EEOC) is charged with investigating employment discrimination claims. Sometimes its investigations determine that discrimination has occurred. In such cases, the agency...

FTC issues proposed rule banning noncompete agreements

On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose a rule that, if adopted, will dramatically affect companies that use noncompete agreements to protect their business interests. Answers to...

NLRB clears path for organizing smaller groups of employees

Since its enactment in 1935, the National Labor Relations Act (NLRA) has been interpreted and enforced by the National Labor Relations Board (NLRB). It isn’t any secret that the decisions interpreting the NLRA have swung...

Overtime on overtime: calculating bonuses under compensation plan

A small difference in wages led to a massively complex opinion about how to calculate overtime compensation into a nondiscretionary bonus, whether to apply state or federal law in the calculation, and whether overtime...

Jan 31, 2023 · Employment Law Letter · California

If 7 turned out to be 10: Determining when weekly wage is due

This case is simple—straightforward and potentially contradictory language in two dueling statutes related to the date wage payment is due, allowing an employer to meet the letter if not the spirit of the code. Spoiler...

Jan 31, 2023 · Employment Law Letter · California

Exploring the next ‘quiet’ workplace phenomenon and what to do about it

First, the buzz was all about “quiet quitting” as overworked employees quietly cut back on their tasks to help them cope with job stress. That trend was countered with “quiet firing” as supervisors who noticed the...

Jan 18, 2023 · Employment Law Letter

Focusing on the future: HR leaders explore what to expect

It’s early in the new year—a time when people often assess priorities and look at what to expect in the future. That goes for human resources thinkers, too. With all the change the workplace has seen over the past few...

Jan 18, 2023 · Employment Law Letter · California

FTC proposes rule banning all employment noncompete agreements

On January 5, the Federal Trade Commission (FTC) issued a proposed rule that could change the employment terms of approximately 30 million American workers. To learn more about this game-changing proposal and how it may...

Jan 18, 2023 · Employment Law Letter · California

New law to offer additional protections to pregnant workers, applicants

As part of the comprehensive Consolidated Appropriations Act of 2023, President Joe Biden recently signed into law the Pregnant Workers Fairness Act (PWFA). The Act, which applies to employers with 15 or more employees...

Jan 18, 2023 · Employment Law Letter · California