There has always been friction in the law when it comes to affirmative action. On one hand, you are required to address and remedy prior discrimination in the workplace, and several statutes identify preferential hiring...
Employment Law Letter
The Americans with Disabilities Act (ADA) requires employers to provide qualified individuals with a disability with a reasonable accommodation, but only after the disability is made known or at the very least, the...
The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada...
The North Dakota Legislature recently passed Senate Bill (SB) 2388, which amends Section 19-24.1-34 of the North Dakota Century Code, clarifying actions employers may take in disciplining employees who are medical...
In a memo released on May 30, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo dealt another blow to noncompete agreements. With the newly passed Minnesota ban set to go into effect on July 1...
Online security and data theft are increasingly complex problems for everyone, including law enforcement, companies, and individual consumers. The issues of lost data, identity theft, and invasion of privacy seem to grow...
Many subscribers are either the providers of legal services or the consumers of same. So I took note when the American Bar Association (ABA) issued a lengthy opinion letter on fees paid in advance by a client for...
The song title referenced in the headline is by rapper M.C. Hammer. And that is the extent of my rap music knowledge. But very recently, the genre has intersected with employment law, and I wanted to tell you about it...
Ever hear of the rule of three—“life, liberty, and the pursuit of happiness”? It’s easy to remember, it’s concise, and it rolls off the tongue. You see it all the time, whether in ads or newspaper/magazine writing or in...
I know “Promises and Loopholes” sounds like the title to a Woody Allen movie, but it makes an important point. Namely, that parties to a contract are held to the language of their agreements, but there are, in certain...
May 30, 2023, won’t exactly be a day that goes down in infamy, but corporate America is likely to consider it so. The National Labor Relations Board’s (NLRB) General Counsel (GC) declared on that date that all agency...
When National Labor Relations Board (NLRB) members’ terms expire and new members are appointed by the sitting president, prior Board decisions are often reversed—even fairly recent ones. The current Board recently...
Typically, employers winning employment discrimination claims rely on legitimate, nondiscriminatory reasons for the challenged decision. A recent decision from the Louisiana 4th Circuit Court of Appeals counsels...
On May 15, 2023, the Supreme Court of the United States (SCOTUS) declined to hear an appeal from a former Georgia state worker who challenged her employer’s decision not to grant her extended post-maternity leave...
Artificial intelligence (AI) is increasingly being used in all areas of life and work, including in evaluating and hiring applicants. Although AI can be more efficient in recruiting, evaluating, and weeding through...