OPM Announces Proposed Rule to Protect Career Civil Servants

​The U.S. Office of Personnel Management (OPM) announced a proposed rule on Sept. 15 that would reinforce long-standing protections and merit system principles for career civil servants. The previous administration had issued... Read more »

Examples of Disclaimer and Policy Changes in Response to NLRB Handbook Decision

​Employers who are revising disclaimers and policies in response to a National Labor Relations Board (NLRB) decision in August should replace broad, ambiguous wording with specifics. “The main takeaway is that employers... Read more »

DACA Recipient Cannot Establish Alienage Discrimination

​Takeaway: In this case, the employer based its decision on the plaintiff’s lack of permanent work authorization. ​A summer intern applicant for ExxonMobil Corp. whose deportation was deferred under the Deferred Action... Read more »

Deadline Coming for Clawback Provisions in Executive Pay Policies

​Public companies have until Dec. 1 to update or add new clawback provisions to their executive pay policies in order to comply with regulations the U.S. Securities and Exchange Commission (SEC) finalized... Read more »

Employer that Failed to Countersign Arbitration Agreement Could Not Enforce It

​Takeaway: Where an arbitration agreement contained signature blocks for both the employee’s and the employer’s signatures, but the employer never signed it, the employer could not enforce the agreement.  ​ An employer... Read more »

Court Rules Employer Can’t Compel Arbitration in Sexual Harassment Case

​A former employee for Rivian Auto can take her sexual harassment and hostile work environment claims to court, and the company’s arbitration agreement cannot apply because the case involved allegations of sexual... Read more »

Court Upholds Religious School’s Firing of Unwed, Pregnant Teacher

​A Catholic school in New Jersey was within its rights when it fired a teacher who became pregnant outside of marriage, the state’s high court recently found. On Aug. 14, the New... Read more »

No Second Bite for Employer that Consented to Jury Ruling

​Takeaway: The most significant issue in this appeal involved a procedural ruling. But the facts of the case tell a cautionary tale of unchecked discriminatory behavior by an expert director of a... Read more »

Derogatory Music Played in Warehouse Might Have Been Unlawful

​Takeaway: The 9th U.S. Circuit Court of Appeals reversed a decision that dismissed a harassment claim against apparel wholesaler S&S Activewear for creating a sexually hostile work environment by letting employees and... Read more »

Public Employer Can Limit Employee Contact with Witnesses

​Takeaway: A public employer may impose restraints on the job-related speech of its employees that would be unconstitutional if imposed on the public.  ​A public utility did not violate the First Amendment... Read more »
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