by Tammy Binford
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On April 22, 2024, the West Virginia Supreme Court of Appeals substantially redefined the burden of proof employers must meet to establish the degree of impairment that can be apportioned to a preexisting condition in...
On Friday, June 7, The Office of Federal Contract Compliance Programs (OFCCP) issued a list of supply and services contractors and subcontractors selected for audit (FY2024 CSAL Supply & Service Scheduling List, Release...
On March 15, 2024, the U.S. Supreme Court issued a decision in Lindke v. Freed that lays out a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public...
On April 20, 2024, Governor Kathy Hochul approved the $237 billion New York State Budget for fiscal year 2025. Several of the budget’s provisions will affect and create new legal obligations for New York State employers...
For several years now, finding and hiring talent has been top of mind for employers. But the picture is changing. Often, there are still more open jobs than qualified employees to fill them, but at least some studies...
Artificial intelligence (AI) isn’t just creating buzz. It’s also sparking both fear and enthusiasm, with some employers worried about the downsides and others eager to dive in and capitalize on the potential. No matter...
In a ruling widely considered a victory for employers, the Supreme Court ruled 8-1 that the standards for assessing an application by the National Labor Relations Board (NLRB) for a 10(j) injunction should be the same as...
In a recent ruling that could have important implications for employers’ disciplinary actions, the Michigan Supreme Court has expanded the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA)...
A recent case from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) provides a valuable lesson. The case involved a teacher who—to her credit—proceeded on her own without a lawyer. The...
The full court press on corporate diversity, equity, and inclusion (DEI) programs is intensifying as the 2024 presidential election looms. A year after the Supreme Court’s decision in SFFA v. Harvard/UNC, employers face...
Because of the complexities and wide-ranging effects of artificial intelligence (AI), the Biden administration and Congress have cautiously approached regulating the technology. At this juncture, it isn’t clear which...
A landmark $2.8 billion settlement announced by the National Collegiate Athletic Association (NCAA) in an antitrust class action filed by former college athletes reportedly sets a path for schools to share revenue with...
As the Supreme Court ends its current term, it doesn’t appear to recognize that it is in crisis. Once regarded by the public and other jurists as rigorous, respected, and above reproach, the Court has sunk to...
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its “Enforcement Guidance on Harassment in the Workplace,” which is meant to update, consolidate, and replace the previous guidance...
One of the benefits of workers’ compensation is that it shields an employer from much more expensive types of injury claims. The injured worker trades the chance for a huge recovery in favor of an easier, more rapid...
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