by Tammy Binford
The National Labor Relations Board’s (NLRB) new rule on joint employment puts more employers at risk of joint employer status, meaning they will bear more responsibility related to unionization, bargaining, and unfair labor practice charges.
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...
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...
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...
As the end of the year nears, employees’ memories of summer vacations may be giving way to plans to schedule time off for the holidays. While some workers are diligent about planning the time off they need to avoid...
In March of this year, I provided you with basics steps to take to avoid Family and Medical Leave Act (FMLA) mishaps and best practices to follow when eligible employees request FMLA leave. Since the publication of my...
Can artificial intelligence (AI) and machine learning programs lead to discrimination claims? The simple answer is yes, and the recent settlement between the Equal Employment Opportunity Commission (EEOC) and three...
We stand 42 months after the issuance of COVID-19 restrictions and the exodus of office workers from downtowns throughout California. Nonetheless, the approaches being taken to the return to the office remain all across...
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...
On June 29, the U.S. Supreme Court ruled in two related cases—Students for Fair Admissions Inc. v. President & Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina(UNC)—that...
“Grow old along with me!” Robert Browning; Rabbi Ben Ezra - - - We deserve better. The median age of the population of the United States is just under 39 years. It pales in comparison to the age of our representatives...