by Tammy Binford
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You might have heard of “qualified immunity,” which is a controversial defense afforded to public employees alleged to have violated a person’s constitutional rights. The U.S. 5th Circuit Court of Appeals (whose rulings...
On July 18, 2022, the U.S. 5th Circuit Court of Appeals, whose rulings apply to all Texas employers, reasoned that an employee whose sleepwalking condition—known medically as “somnambulism” and afflicts 4,000,000...
Q An employee has been permanently disabled since 2012 and has been allowed by union contract to remain on the group insurance, provided the employee pays their share of the premium. The employee has become delinquent...
Q We’re a privately owned company with fewer than 100 employees. Do we have to follow the Worker Adjustment and Retraining Notification (WARN) Act regulations in the event we decide to conduct a temporary layoff in the...
Kalpana Kotagal, the nominee to be the third Democratic commissioner on the Equal Employment Opportunity Commission (EEOC), is being opposed by conservatives, who seem to be targeting nominees they consider to be “left...
The sprawling and multifaceted U.S. Department of Labor (DOL) is on track to receive a significant budget increase of nearly $14 billion in fiscal year (FY) 2023, which the department will use to meet the expanding...
Dozens of corporations, the U.S. military, and the Biden administration, among other organizations, have filed amicus (friend of the court) briefs in the U.S. Supreme Court supporting the use of affirmative action in...
The National Academy of Sciences (NAS) report addressing the collection of employers’ compensation data by the federal government using the EEO-1 Report was finally released on July 28, 2022. The report recommends that...
The Office of Federal Contract Compliance Programs (OFCCP) published a notice on Friday, August 19, that it had received a request under the Freedom of Information Act (FOIA) from Will Evans of the Center for...
The National Labor Relations Board (NLRB) continues to be the vanguard for the Biden administration’s proworker, prounion agenda. The Board is also acting on the administration’s goal of creating coordinated, multiagency...
According to mainstream and alt media, Congress is the national punching bag. Hyper-partisan, gridlocked, do-nothing, obstructionist, self-destructive, and any other string of pejorative descriptions that can be summoned...
Office of Federal Contract Compliance Programs (OFCCP) Director Jenny Yang’s keynote address opened the 2022 National Industry Liaison Group (NILG) Conference in Boston. While Director Yang did not provide a rollout of...
It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s...
Since early in the pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has maintained Technical Assistance Questions and Answers on its website to assist employers with navigating the intersection of COVID...
One of the things that happens with the Family and Medical Leave Act (FMLA) is a disconnect between the complex structure of the FMLA and its practical application. Plaintiffs’ attorneys will sometimes assert that they...
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