Arbitration
Wave Goodbye to Waivers Under California’s PAGA? Not So Fast, Says the Supreme CourtSCOTUS Smacks Down “Bespoke” Arbitration-Preferring Rules, Does Away with Prejudice Requirement in Waiver AnalysisBlocking the Gate to Arbitrate: Congress Passes Law Banning Pre-Dispute Arbitration Agreements on Sex Harassment Claims
Equal Pay
All on Board: Mississippi Joins the Nation in Prohibiting Pay Discrimination Based on GenderShould I Stay or Should I Go? Ninth Circuit Finds Gender Discrimination in Retention RaiseCan You Rely on an Employee’s Prior Salary as a Defense to a Pay Discrimination Suit? The Supreme Court Refuses to Enter the Fray
Federal Contractors
To Mandate Vax or Not, That Is the Question: Federal Contractor Vaccine Mandates Before Several Appellate CourtsIs the Past Really Past? Tips for Employers on Background ChecksNew Tennessee Law Prohibits Many Employers from Requiring Proof of COVID-19 Vaccination Status, Creates Exemption Process for Federal Contractors
FLSA
Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without PrejudiceYou Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s Approach of Holding Trial in Wage Case Before Deciding on ClassNew Way to Pay Day Rate: 5th Circuit Rules on FLSA Day Rate Overtime Exemption
Gender Discrimination
Failing to Cite? Say Bye to Employment Claims in the 5th CircuitEverybody’s Working on the Weekend (Well, Not Everybody) -- Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final Adverse Employment ActionThe Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar
Independent Contractors
Plaintiff Gets Second Serve: 2nd Circuit Clarifies Joint Employer Test and Allows Security Guard to Amend ComplaintWhat’s Your Vax Status? New Requirements for Federal Employees and ContractorsPutting the Brakes on the Gig Economy? Biden DOL Delays Effective Date of Final Rule on Independent Contractor Status
NLRA
The NLRB’s Proposed Joint Employer Rule – A Directly, Indirectly, Would’ve, Could’ve, Even-if-You-Don’t-Actually Kind of Test for Joint EmploymentEmployees Miffed by Your Monitoring of Company Devices? Give Notice Now to Hopefully Avoid Annoyance LaterPresident Biden Proclaims His Administration’s Policy to Encourage Worker Organizing and Collective Bargaining
Pregnancy Discrimination
Tennessee’s New ‘Pregnant Workers Fairness Act’ Requires Employers to Reasonably Accommodate Pregnant EmployeesYou Fired My Dad! Fifth Circuit Rules Title VII Retaliation Ban Does Not Cover Third-Party ClaimTerminating an Employee on Maternity Leave and Winning the Case: The Eleventh Circuit Affirms a Jury Verdict for Winn-Dixie
Termination
Central Park Karen’s Discrimination Case Dismissed: Learning from Responding to Viral VideosMississippi’s New Vaccine-Choice Law: All Fluff, No Wrongful Termination?Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against Non-Romantic Co-Worker
Title VII
Failing to Cite? Say Bye to Employment Claims in the 5th CircuitEverybody’s Working on the Weekend (Well, Not Everybody) -- Fifth Circuit Holds Differing Weekend Attendance Policy Not a Final Adverse Employment ActionThe Transfer-mers: D.C. Circuit Rules That Job Transfers Covered by Title VII Without Higher Bar
Unemployment Benefits
And the Beat Goes On… DOL Publishes Second and Third Round of FAQs on FFCRA Answering Burning Employer QuestionsIs the Wait Finally Over? Senate Passes Massive COVID-19 Relief Bill — How Does It Help Employers?Unemployed Employees: Should Employees Who Have Reduced Hours or Are Laid Off Due to COVID-19 File for Unemployment?