Employment Law Worldview

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The Court’s ruling in Lamps Plus, Inc., et al. v. Varela is the latest in the Court’s ongoing pro-employer, pro-arbitration jurisprudence As we first reported here, the United States Supreme Court’s docket this term includes three significant cases interpreting various aspects of the Federal Arbitration Act (“FAA”).  Earlier this year, the Court ruled in the first of those cases, Henry Schein, et al. v. Archer & White Sales, Inc. (see our discussion here),…
After considering the petitions at eleven separate private conferences, on April 22, 2019, the U.S. Supreme Court granted certiorari in three cases involving the extent of protection provided by Title VII of the Civil Rights Act of 1964 – if any – against employment-based discrimination on the basis of sexual orientation and gender identity.  As we previously reported here, this issue has been watched closely by the nation, with multiple federal courts, government agencies,…
Minimum Wage Updates On March 28, 2019, Maryland’s legislators voted to raise the state’s minimum wage to $15.00 per hour by January 1, 2025 for employers with 15 or more employees and July 1, 2026 for employers with 14 or fewer employees.…
On April 11th, USCIS announced that its computer-generated random selection process was completed. USCIS drew the numbers of the lucky H-1B petitions that made the cut under the congressionally-mandated regular cap of 65,000 visa numbers and the U.S. advanced degree exemption of 20,000 visa numbers for fiscal year (FY) 2020.…
According to the most recent data from the Center for Disease Control, more than one-third of American adults are obese.  A person is considered obese when their weight is higher than what is considered as a healthy weight for a given height.  With obesity impacting such a large portion of the American public, employers are left with many questions regarding their responsibilities to obese applicants and employees. The answers to these questions depend on…
When organizations are seeking to expand their operations, they often will find interesting targets who have union-represented employees. A union’s presence will create additional compliance obligations but contrary to common misconceptions, union-related obligations are not necessarily unmanageable.…
Come April 2020, if you want to avoid having to deduct tax on invoices from J Soap & Co for the supply of Joe Soap, you will need to confident that it is in business on its own account and not just a vehicle for our Joe to minimise his income tax bill.   Key to being in business on one’s own account, successfully at least, is having a range of customers, so your contract needs…
In America’s heartland and one of the states hit hardest by the current opioid epidemic, Ohio’s workers’ compensation system will soon drop Oxycodone as a covered prescription. Effective June 1, 2019, the Ohio Bureau of Workers’ Compensation (BWC) will no longer pay for the most commonly abused opioid painkiller, Oxycodone.  This change will affect those covered by the BWC, which is one of the few state monopolistic workers’ compensation systems and the largest state-run insurance…