Last week, the Illinois legislature passed a landmark bill authorizing recreational marijuana. Shortly thereafter, Governor J.B. Pritzker tweeted that he looks forward to signing the bill into law. The bill, formally known as the Cannabis Regulation and Tax Act (the
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EEOC is not a Jurisdictional Requirement, According to SCOTUS
By mmacdonald
The U.S. Supreme Court recently issued a decision limiting the time in which employers can raise certain defenses to claims brought under Title VII.
In Fort Bend County, Texas v. Davis, the plaintiff, Lois Davis, was an employee of Fort…
DC Circuit Clarifies Employer’s Burden to Demonstrate A “Legitimate, Nondiscriminatory Reason” For Taking an Adverse Employment Action
By mmacdonald
DC Circuit Clarifies Employer’s Burden to Demonstrate A “Legitimate, Nondiscriminatory Reason” For Taking an Adverse Employment Action
WHAT HAPPENED:
Earlier this month the U.S. Court of Appeals for the DC Circuit released an important decision that articulates the substantive burden
Earlier this month the U.S. Court of Appeals for the DC Circuit released an important decision that articulates the substantive burden
…
NLRB General Counsel’s Office Says Uber Drivers are Independent Contractors
By ssteinig
Uber drivers are “independent contractors” and not “employees” under the National Labor Relations Act (“NLRA”), according to an Advice Memorandum issued on May 14, 2019, by the Office of the General Counsel (“OGC”) of the National Labor Relations Board (“NLRB”). …
Department of Labor Provides Narrow View of Who’s An Employee in Gig Economy
By mmacdonald
In an opinion letter released on April 29, 2019 the Department of Labor Wage and Hour Division (WHD) provided guidance on the standards for establishing an employment relationship in today’s modern gig economy. In doing so, the WHD took a…
Supreme Court Rules Class Arbitration Not Allowed Unless Clearly Authorized
By Dana Kane
On Wednesday, April 24, 2019, the U.S. Supreme Court struck another blow to employees who seek to arbitrate class claims against their employer under employment arbitration agreements. In a 5-4 decision, the Court ruled that class arbitration should not be…
As Election Season Ramps up, New York Increases Paid Voting Leave
By mmacdonald
Most New York employers know about the state’s election leave law, but may have never thought much about it since hanging the required poster in the break or copy room. However, new changes passed by the state legislature will require…
PA Court Excludes LGBTQ+ Claim from Title VII — For Now
By ssteinig
A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act. The judge…
PA Court Excludes LGBT Claim from Title VII — For Now
By ssteinig
A federal judge in the Eastern District of Pennsylvania dismissed a lawsuit last week where a former employee alleged that she was fired because she was a lesbian, in violation of Title VII of the Civil Rights Act. The judge…
NYC Employers – No More Pre-Employment Drug Tests for Marijuana
By ssteinig
On April 9, 2019, the New York City Council approved a bill which will prohibit employers from testing prospective employees for marijuana in a pre-employment drug test. While there are exceptions in the bill for safety sensitive positions and other…