DHS Policy Protects Undocumented Workers During Labor Conflicts

?Undocumented workers can seek protection from deportation or other immigration enforcement if they are involved in labor disputes under a new policy issued by the U.S. Department of Homeland Security (DHS). The... Read more »

Union Membership Rate Dropped in 2022

?Despite gains in union ranks at Starbucks, Amazon and existing union employers, the union membership rate hit an all-time low, just 10.1 percent, in 2022, according to the Bureau of Labor Statistics... Read more »

3rd Circuit Eliminates Employer’s Defense for Harassment by Certain Executives

?Takeaway: Employers that permit high-ranking officials to serve as the face of the company can no longer claim an affirmative defense in sexual-harassment claims in the 3rd Circuit, which covers Delaware, New... Read more »

Decision Underscores Importance of Contemporaneous Documentation

?Takeaway: The court’s summary of its rationale points out two critical issues on which its decisions turned: 1) conflicting evidence and 2) favorable inferences. Understanding how to avoid these two pitfalls can... Read more »

Supreme Court Declines to Clarify Scope of Attorney-Client Privilege

?On Jan. 23, the U.S. Supreme Court dismissed its review of a case that would have clarified the scope of the attorney-client privilege, delivering a brief decision stating that review of the case... Read more »

ESPN Sued Over COVID-19 Vaccination Requirement

?While mandates for vaccinations against COVID-19 may be in the rearview mirror for most employers, some employees who were fired for declining to get vaccinated when such requirements were proliferating are now... Read more »

Remote Work Gives Rise to Workcations, Bleisure Travel and Hush Trips

?Anyone who has recently booked a plane ticket or hotel room knows that the demand for and cost of travel skyrocketed after many COVID-19 restrictions were lifted. Combine this with the rise... Read more »

Balancing Anti-Discrimination Policies with Religious Protections

?Most employers know their workforce encompasses a wide range of different religions, and sometimes that results in unintended conflicts with the company’s anti-discrimination and social media policies. What should an employer do... Read more »

Employer Exemptions Under the CCPA

?Since the California Consumer Privacy Act’s (CCPA) 2018 passage, employers have been wondering how the law will apply to data collected and maintained about employees. Until now, employment data had been exempted... Read more »

Case Weighs Religious Accommodation for Sunday Sabbath

?The U.S. Supreme Court has accepted a case that will shed light on what types of religious accommodations would be considered an excessive burden on employers. The court will hear the case... Read more »
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