Blog
U.S. Supreme Court: Mixed Motive Framework Rejected as a way to Establish Causation in §1981 Claims
April 2, 2020
On March 23, 2020, the Supreme Court, in a unanimous decision, held that plaintiffs who bring actions under §1981 of the Civil Rights Act of 1866 bear the burden of showing that race was a “but-for” cause of their injury—that is, that their injury would not have occurred but for their race.
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NLRB to Lift Suspension on Board-Conducted Elections
April 1, 2020
Today, the NLRB announced it will not extend its temporary suspension of Board-conducted elections, and instead will resume conducting elections beginning Monday, April 6, 2020.
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On Your Radar: Key employment issues across Europe and beyond
March 30, 2020
Our On your radar newsletter will give you a digest of news and legislative updates from the HR world.
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Supreme Court Holds that Claims for Intentional Discrimination Under Section 1981 Must Meet “But For” Causation Test
March 26, 2020
In Comcast Corp. v. National Association of African American-Owed Media, et al an African-American owned television network operator sued Comcast because Comcast refused to enter into a contract to carry the operator’s networks.
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California Supreme Court Rules That Employees Who Have Settled Their Individual Wage And Hour Claims May Still Pursue Representative PAGA Claims As “Aggrieved Employees.”
March 26, 2020
In an issue of first impression, and an important loss for employers, the California Supreme Court recently decided that employees still can pursue claims under the California Labor Code Private Attorneys General Act of 2004 ("PAGA") even if they settle and dismiss their individual claims for California Labor Code violations.
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Extraordinary Employee Misconduct: FMLA Does Not Cover Travel to and from an NFL Game
March 12, 2020
This installment in our occasional series of extremely poor judgment by employees illustrates the point that social media has led to the downfall of many an FMLA abuser.
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NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely
February 25, 2020
The National Labor Relations Board announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.”
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Minnesota: Potpourri of Wage & Hour News
February 25, 2020
In the past week there was nothing really Earth-shattering as far as wage and hour updates, but certainly some updates to note.
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Economy Expands, Unions Decline
February 24, 2020
According to the Bureau of Labor Statistics, private and public union membership in 2019 declined.
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What Has the EEOC Been Up to Recently?
February 24, 2020
Little has been announced by the EEOC about new priorities or whether charge handling procedures will change. But we can put together some statistics as to the agency’s recent accomplishments.
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Wage and Hour Update
February 24, 2020
Employers should remain diligent to ensure they are complying with the various wage hour statutes.
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Must an Employer Pay for Medical Marijuana?
February 21, 2020
In Hager v. M&K Construction, a New Jersey state appellate court recently affirmed a workers’ compensation judge’s order for an employer to reimburse a former employee for his use of medical marijuana for chronic pain following a work-related accident.
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