Employment Law Letter

Two years ago, in a memo issued by the National Labor Relations Board (NLRB), the agency’s general counsel signaled that one of the Board’s main priorities would be to scrutinize whether certain workplace policies...

Since 1978, the Pregnancy Discrimination Act (PDA)—which amended Title VII of the Civil Rights Act of 1964—has prohibited discrimination based on pregnancy, childbirth, and related medical conditions. For 45 years...

Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to accommodate employees’ sincerely held religious beliefs unless accommodation would result in an undue hardship. Historically, denial of a...

You may have recently heard that the heads of two mega-tech companies, Meta and the company formerly known as Twitter, have exchanged accusations. No, we aren’t referring to the potential “cage match” but to the...

For the first time in almost 40 years, the Department of Labor (DOL) announced the issuance of regulations designed to update and modernize the Davis-Bacon and Related Acts (DBRA), which require the payment of locally...

The U.S. Supreme Court issued a decision in June known as Students for Fair Admissions, which ruled college admission programs cannot consider race. Although the ruling was specifically about educational institutions...

Noncompete agreements, which restrict a worker’s ability to work for a competitor, have come under increased scrutiny in recent years. In 2018, Massachusetts instituted comprehensive noncompete reform, which includes...

On May 4, 2023, the Department of Homeland Security (DHS) and U.S Immigration and Customs Enforcement (ICE) announced that starting on July 31, 2023, temporary flexibilities for Form I-9 compliance will be eliminated...

The lack of formality in administrative proceedings, such as unemployment claims, can lead corporations, LLCs, and other entities to believe they can file appeals in Arkansas courts. Recent cases have reemphasized that...

The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members...

The Employee Retirement Income Security Act (ERISA) isn’t limited to only covering pension or retirement benefits. It also covers most fringe benefits, such as health insurance, offered by employers. A recent case before...

In a unanimous decision, Groff v. Dejoy, the U.S. Supreme Court revived a former U.S. Postal Service mail (USPS) carrier’s religious bias suit. In the process, the Court upended decades of lower court precedent regarding...

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification...

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there...

To compel arbitration in West Virginia, you must first show that a valid arbitration agreement exists. The Supreme Court of Appeals of West Virginia recently ruled you can simply attach a copy of the arbitration...