Employment Law Letter

Shot through the heart: Did SCOTUS give strikes a bad name?

On June 1, 2023, the U.S. Supreme Court issued a decision some have deemed a blow to the right to strike. The 8-1 decision crossed ideological lines, as both conservative and liberal members of the Court either joined...

Aug 01, 2023 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin · Mountain West · Colorado · Idaho · Montana · New Mexico · Utah · Wyoming · Southeast · Alabama · Florida · Georgia · Louisiana · Mississippi · Upper Midwest · Iowa · Minnesota · Nebraska · North Dakota · South Dakota

State of Ohio continues to examine remote work debate

Red Sox or Yankees? Hamburgers or hot dogs? In the office or work from home? While some debates have been around for many years, the debate over whether employees should be required to be back in the office or be...

Aug 01, 2023 · Employment Law Letter · Great Lakes · Ohio

Hire independent contractors, but you might still owe unemployment insurance tax

Wisconsin businesses should think twice before assuming that hiring independent contractors relieves them of the obligation to pay unemployment insurance taxes. Wisconsin law requires payment unless an employer can prove...

Aug 01, 2023 · Employment Law Letter · Great Lakes · Wisconsin

U.S Supreme Court clarifies employer duty to accommodate religious beliefs

In a unanimous decision on June 29, 2023, the U.S. Supreme Court clarified, without overruling, a decision on religious belief accommodations that has guided employers since 1977. According to the Court, what the Equal...

Aug 01, 2023 · Employment Law Letter · Great Lakes · Illinois · Indiana · Michigan · Ohio · Wisconsin

Shot through the heart: Did SCOTUS give strikes a bad name?

On June 1, 2023, the U.S. Supreme Court issued a decision some have deemed a blow to the right to strike. The 8-1 decision crossed ideological lines, as both conservative and liberal members of the Court either joined...

Jul 31, 2023 · Employment Law Letter · California

NLRB says discipline for employee outbursts depends on the setting

Imagine an employee in a workplace meeting stands up and—in a profanity-laced tirade—calls the manager several names not fit for print. Most employers would immediately discipline, if not fire, the employee for violating...

Jul 31, 2023 · Employment Law Letter · California

California Supreme Court may have the final word in PAGA battle

As we have previously written, the limits that can be placed on employment arbitration agreements has been a back-and-forth battle between the supreme courts of the state of California and the United States of America...

Jul 31, 2023 · Employment Law Letter · California

Senate Constitutional Amendment 7: Legislature’s latest and most generous gift

The California Legislature is poised to pass Senate Constitutional Amendment (SCA) 7, called “the Right to Organize and Negotiate Act.” If approved by the voters, SCA 7 would grant all Californians the right to join a...

Jul 31, 2023 · Employment Law Letter · California

Employers not at fault when employees transmit COVID-19 to nonemployees

On July 6, 2023, the California Supreme Court issued its ruling that employers aren’t legally responsible in preventing the spread of COVID-19 to nonemployee household members who contracted the virus as a result of...

Jul 31, 2023 · Employment Law Letter · California

Generative AI is here—Are your workplace policies ready?

As generative artificial intelligence (GAI) technology, such as ChatGPT, finds new and greater uses in the workplace, employers must consider the myriad of legal and other issues that come with it. For good reason...

Jul 14, 2023 · Employment Law Letter · California · West

Make sure your business is ready for EEOC’s scrutiny of AI hiring technology

The use of artificial intelligence (AI) in the recruiting and hiring process has seen increased popularity in recent years. Many businesses, seeking to lower hiring costs and reduce potential discrimination claims, have...

Jul 14, 2023 · Employment Law Letter · California

CA Supreme Court may get last word on arbitration of PAGA representative claims

A former Lyft driver filed suit against the rideshare company under the Private Attorneys General Act of 2004 (PAGA), alleging it misclassified him and other drivers as independent contractors rather than employees...

Jul 14, 2023 · Employment Law Letter · California

Big news week for employers at U.S. Supreme Court

The United States Supreme Court ended its term in June this year with a series of blockbuster decisions, three of which may have profound implications for employment issues. If there’s a common theme among them, it’s an...

Jul 14, 2023 · Employment Law Letter · California

Governmental immunity available for malicious prosecutions but not for investigations

The California Supreme Court held that a provision of the Government Claims Act protects public entities and their employees from liability for wrongful prosecutions or administrative proceedings but doesn’t immunize...

Jul 14, 2023 · Employment Law Letter · California

Employers are potentially liable for customers’ harassing behavior

Typically, harassment claims involve allegations that an individual has been harassed by a coworker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against...

Jun 30, 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