In June 2022, we reported on the Viking River case, in which the U.S. Supreme Court addressed the question of whether claims brought under the California Private Attorney General Act (PAGA) could be compelled to arbitration on an individual
Labor & Employment Law Perspectives
Labor & Employment Law Perspectives, published by Foley & Lardner LLP, focuses on legal developments and regulatory changes affecting labor and employment practices. The blog covers topics such as paid leave laws, wage and hour regulations, joint employer standards, pay transparency requirements, workplace discrimination, labor relations, and the impact of emerging technologies like artificial intelligence on employment. It addresses compliance strategies, legislative updates, and practical implications for employers and employees, with attention to federal and state-level policies. The content is relevant for HR professionals, legal practitioners, and business leaders managing workforce-related legal risks and obligations.
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Religious Accommodation for Employees: The Potential Impact and Likely (Unintended) Consequences of SCOTUS’ Groff v. DeJoy Decision
We recently wrote about Groff v. DeJoy, the Supreme Court decision reinterpreting the meaning of “undue hardship” for Title VII religious accommodations to actually mean “undue hardship,” as opposed to minimal costs. In this follow-up post, we address the…
Remote Workers and the Massachusetts Wage Act — Proceed With Caution
The COVID-19 pandemic’s impact upon the use of remote workforces by U.S. businesses is undisputed. In recent years, the conventional wisdom has been that remote employees living in other states throughout the United States would not be able to avail…
States with Penalties for Non-Compete Law Violations
In recent months, we have written quite a bit on the continuing trend to restrict employee non-compete agreements. For example, last month we reported on New York’s sweeping ban on non-competes, which was passed by the state legislature and is…
Will the Supreme Court’s Decision Rejecting Race-Conscious College Admission Programs Impact Corporate DEI Initiatives?
On June 29, 2023, the U.S. Supreme Court decided that the use of race by Harvard University and the University of North Carolina in their student admissions programs violates the Equal Protection Clause of the 14th Amendment as well as…
Supreme Court Redefines “Undue Hardship” when Addressing Religious Accommodation Requests under Title VII
On June 29, 2023, in a unanimous opinion, the U.S. Supreme Court issued a much-anticipated decision in Groff v. DeJoy, clarifying employers’ obligations to accommodate employees’ religious practices. The Court reinterpreted the meaning of “undue hardship” and held that…
Blurred Lines for Today’s Workplace: Employer Liability for Employee Conduct Outside of the Traditional Workplace
In a post-pandemic world, the four walls of the office no longer define the workplace. With more and more employees working either remotely or in hybrid roles, employers need to be mindful of their obligations to ensure that their employees…
New York State’s Non-Compete Ban Set to Reach Governor’s Desk
New York State appears set to join the growing number of jurisdictions prohibiting or significantly limiting the use of employment non-compete agreements. The Empire State’s non-compete ban (Bill No. S3100A), which was recently passed by both chambers of…
Government Contractor Certification Requirement Deadline — June 29, 2023
Attention Government Contractors! This is another friendly reminder that Friday, June 29, 2023, is the deadline for you to use the OFCCP Contractor Portal platform to certify whether your company is meeting their requirements to develop and maintain annual Affirmative Action…
BYOD to E-Discovery: What Happens When Employees “Scan” and Send Chats of Company Documents Using Their Phones?
We recently cautioned employers about their confidential information showing up in selfies posted online, but social media is not the only reason employees are taking photos at work.
Picture this: An employee quickly needs to send her coworker the…