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.
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...
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...
Can a web-designer refuse to serve gay couples because doing so would violate her religious beliefs? In 303 Creative LLC v. Elenis, the U.S. Supreme Court gave the surprising answer “Yes” when the service is linked to...
At bottom, the American problem has always been race and racism. It warped the moral vision of the Founders. It distorted the core elements of the Constitution. It infected acts of Congress. It perverted too many Supreme...
On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule in the Federal Register implementing the No TikTok on Government Devices Act addressed in the Office of Management and Budget...
On Thursday July 13, the U.S. Senate confirmed Kalpana Kotagal as the fifth commissioner of the Equal Employment Opportunity Commission (EEOC) 49 to 47, finally giving the Biden administration the three Democratic...
A number of the National Labor Relations Board’s (NLRB) precedent-breaking decisions—all favoring union/worker rights—will soon face judicial review, often before skeptical benches. The outcome of these cases will have a...
A week after the U.S. Supreme Court rejected the use of race for college admission, 13 Republican state attorneys general (AGs) sent a letterto the CEOs of the Fortune 100, warning them not to use race-based initiatives...
In two related cases—Students for Fair Admissions Inc. v. President and Fellows of Harvard College and Students for Fair Admissions Inc. v. University of North Carolina—the U.S. Supreme Court ruled 6-3 that using race as...
On June 29, 2023, the U.S. Supreme Court unanimously ruled employers that deny a religious accommodation under Title VII of the Civil Rights Act of 1964 must show the burden of granting an accommodation would result in...
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...
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...
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...
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...
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...