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...
Employment Law Letter
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...
The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform...
On August 25, 2023, the National Labor Relations Boad (NLRB) issued a new set of rules that will apply immediately to many employers and unions locked in a unionizing campaign. The Board has determined that it has the...
A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes...
Though it doesn’t arise in the employment context, consumers filed a complaint against a social media giant claiming its policies and algorithms have the intent and effect of discrimination based on age and gender. In...
A California appellate court, recently tasked with interpreting what constituted “payment” for purposes of complying with California’s arbitration laws, ruled that an arbitration service provider must receive payment of...
We all know that wages are due upon termination of employment. But during the COVID mandatory leaves and shutdowns, when did employment end, and when were final checks due? In one of an ongoing series of decisions...
Employers will now have to show a higher degree of hardship to deny employee requests for religious accommodation. Under Title VII of the Civil Rights Act of 1964 and 29 C.F.R. § 1605.2(b)(1), employers are required to...
Sep 25, 2023 · Employment Law Letter
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On May 1, 2023, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s dismissal without a trial in favor of an employer, meaning the employee’s discrimination and retaliation allegations under...
Data breaches have become common occurrences. Nearly every business—including nonprofits—collects, stores, and uses personal information (PI) that’s valuable to bad actors. All organizations store and process PI about...
It seems employers everywhere and in all lines of work too often struggle to find top quality job candidates. It’s not just employers who are frustrated. Jobseekers are equally exasperated because job postings often don...
Sep 25, 2023 · Employment Law Letter
· New York
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Gen Z, the youngest segment of the workforce, is already making an impact, and its influence will only increase in the future. Global insurance giant Zurich reported in April that people born between 1997 and 2012 are...
Sep 14, 2023 · Employment Law Letter
· 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
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