The inauguration of Joe Biden this week as 45th president of the United States marks the beginning of a dramatic change in trajectory in employment law. While the previous administration has pursued a pro-employer agenda, Biden, who has said that he wants to be the most pro-union president in history, plans to take an aggressive […]
The new year finally is in sight and with it comes changes in employment law effective January 1, 2021. The number of new laws is fewer this year, since COVID-19 was the focus of many jurisdictions during 2020. But employers still are responsible for compliance with new legislation at both the federal and state level. […]
The news about the preliminary success of a COVID-19 vaccine brings hope that the pandemic will not last forever. While much remains to be done before a vaccine is ready for distribution, employers should decide now whether to mandate vaccinations in order for employees to return to the workplace. Mandatory vaccinations are not a new […]
Dallas Morning News looks to Amy Davis for comment when sportscaster Dale Hansen made an on-air joke about women earning less than men. AMY’S COMMENT: Pay inequality is a pervasive and long-standing problem that very much deserves our urgent attention — not just as a moral or civil rights issue — but as a serious […]
When companies consider the subject of trade secrets, they are usually concerned with how to protect their own proprietary information. We have addressed how to protect trade secrets many times in this space, advising employers to have clear written policies that each employee must agree to via signature. Of course, state law and industry differences […]
As we anticipated, the Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 guidance, including a Technical Assistance Questions and Answers page that addresses specific questions regarding the Americans With Disabilities Act (ADA) and other laws that affect employers during the pandemic. The update consolidates information and guidance from a variety of sources. Here are […]
The Black Lives Matter (BLM) movement has attracted thousands of supporters in recent months. As sports returns to TV, we’re seeing players wearing shirts promoting this social justice cause, some even replacing player names with the names of victims of racial violence. But what happens when employees wear BLM shirts, masks, or other apparel to […]
In a decision considered a victory for religious employers, the U.S. Supreme Court gave religious organizations broader ability to hire and fire employees without violating federal anti-discrimination laws. In the 7-2 decision, the court expanded the “ministerial exception” that precludes courts from hearing disputes brought by employees who have vital religious responsibilities, an exemption based […]
In a landmark decision for LGBTQ employment rights, the Supreme Court has ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, includes gay and transgender employees. The ruling, written by Justice Neil Gorsuch, settles differing decisions from lower courts that considered whether Title VII provided […]
As governmental stay-at-home orders are being lifted and employers consider reopening their workplaces, new challenges arise that require careful consideration. The National Law Review has been publishing articles to help employers focus on the issues specific to their business, one of which we will highlight this month. We encourage you to monitor the Centers for […]
