Employment Law Letter

For the first time in almost 40 years, the Department of Labor (DOL) announced the issuance of regulations designed to update and modernize the Davis-Bacon and Related Acts (DBRA), which require the payment of locally...

The U.S. Supreme Court issued a decision in June known as Students for Fair Admissions, which ruled college admission programs cannot consider race. Although the ruling was specifically about educational institutions...

Noncompete agreements, which restrict a worker’s ability to work for a competitor, have come under increased scrutiny in recent years. In 2018, Massachusetts instituted comprehensive noncompete reform, which includes...

On May 4, 2023, the Department of Homeland Security (DHS) and U.S Immigration and Customs Enforcement (ICE) announced that starting on July 31, 2023, temporary flexibilities for Form I-9 compliance will be eliminated...

The lack of formality in administrative proceedings, such as unemployment claims, can lead corporations, LLCs, and other entities to believe they can file appeals in Arkansas courts. Recent cases have reemphasized that...

The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members...

The Employee Retirement Income Security Act (ERISA) isn’t limited to only covering pension or retirement benefits. It also covers most fringe benefits, such as health insurance, offered by employers. A recent case before...

In a unanimous decision, Groff v. Dejoy, the U.S. Supreme Court revived a former U.S. Postal Service mail (USPS) carrier’s religious bias suit. In the process, the Court upended decades of lower court precedent regarding...

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification...

Discrimination claims are determined by a three-step analysis. Usually, the third step in this analysis—pretext—is key. Despite the ways in which courts have outlined how pretext for discrimination can be proven, there...

To compel arbitration in West Virginia, you must first show that a valid arbitration agreement exists. The Supreme Court of Appeals of West Virginia recently ruled you can simply attach a copy of the arbitration...

The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform...

On August 25, 2023, the National Labor Relations Boad (NLRB) issued a new set of rules that will apply immediately to many employers and unions locked in a unionizing campaign. The Board has determined that it has the...

A California employer recently learned the hard way that a competent legal strategy for defending against a Fair Labor Standards Act (FLSA) claim shouldn’t include hiring a supposed priest to dupe employees. And, yes...

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...