Blog
Oregon Legislature, Nearing End of Session, Passes New Laws on Non-Competes, Hairstyles at Work, Equity at Public Schools, and Education Dress Codes
June 21, 2021
The Oregon Legislature is nearing the end of this Legislative Session and is busy with state budgeting and finding time to pass new laws impacting employers, employees, and public education.
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Latest U.S. Supreme Court Case Favors Religious Rights Over Laws Prohibiting Discrimination Against LGBTQ+, Signals Potential Expansion of Religious Rights
June 18, 2021
In a potential expansion of religious freedom rights, the U.S. Supreme Court in the case of Fulton v. City of Philadelphia, Pennsylvania, held that the City of Philadelphia could not require Catholic Social Services, a group contracting with the City to provide foster care services for over 50 years, to certify same-sex couples as foster care providers in violation of the Catholic church’s view that marriage is a sacred bond between one man and one woman.
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SOGI (Sexual Orientation and Gender Identity) Discrimination? The EEOC Offers Guidance
June 16, 2021
Coining a new acronym (which we are not sure how to pronounce), the federal Equal Employment Opportunity Commission announced new resources regarding LGBTQ+ workplace rights on June 14, 2021.
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Employers: Restrictive Covenant Reform Is Coming to Illinois in 2021
June 16, 2021
Recently, the Illinois General Assembly passed legislation significantly amending the Illinois Freedom to Work Act, which governs the legality and enforceability of non-compete agreements and other post-employment restrictive covenants.
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Why Employers Shouldn’t Dismiss Workplace Rumors and Gossip—Courts Aren’t
June 3, 2021
A workplace rumor, especially a salacious one involving a high echelon employee, can take on a life of its own and reverberate throughout the workplace in unforeseen ways that can result in potential liability to an employer and result in expensive litigation.
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What Employers Need to Know about Alabama's Medical Marijuana Law
May 21, 2021
On May 17th, Alabama Governor Kay Ivey signed Alabama’s Medical Marijuana law, joining more than 30 other states which permit physician prescribed use of marijuana for certain medical conditions.
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Minnesota: Medical Marijuana, Mask Mandates and More
May 21, 2021
On May 13, 2021, the Centers for Disease Control and Prevention issued updated recommendations directing that fully vaccinated individuals (defined as persons who are two weeks past their final COVID-19 vaccination), “no longer need to wear a mask or physically distance in any setting,” except where required by local, business, or workplace rules.
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“Reassignment is the Reasonable Accommodation of Last Resort”
May 13, 2021
So my partners and I have repeatedly written that, under the Americans with Disabilities Act, employers – not employees – get to choose among available accommodations to enable an employee with a disability to perform their essential job functions or enjoy equal privileges and benefits of employment.
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California Requires Employers To Register For CalSavers If Employers Do Not Offer Employer-Sponsored Retirement Plan
May 12, 2021
CalSavers – California’s state-run individual retirement account program for workers whose covered employers do not offer retirement savings plans – is not preempted by the federal law of employee benefits, the Ninth Circuit Court of Appeals ruled.
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The First 100 Week 14: Pro-Labor and Judicial Nominations Continue and DOL Focuses on Worker Status, Pushes for More Investigators
April 29, 2021
In the final week of first 100 days of the Biden administration, significant labor and employment activity includes a Department of Labor official and two judicial nominations sent to the Senate, a push from the DOL Wage and Hour Division for the expanded enforcement, a call to employers to provide paid time off for employees to get vaccinated, and the White House’s release of fact sheets signaling the administration’s strong support for union-friendly policy initiatives.
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“Taking a Trip Is Not Protected Activity Under the FMLA”
April 28, 2021
A federal court tossed an employee’s rather cheeky claims of interference with her rights under the Family and Medical Leave Act, as well as retaliation for taking FMLA leave, when she was fired after taking a trip to Thailand
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EEO-1 Required Data Collection Now Open (through July 19, 2021)
April 27, 2021
On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) issued a bulletin announcing that required EEO-1 component data collection for 2019 and 2020 is now open for reporting.
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