» retaliation
Crosscurrents in Federal labor law create challenges and opportunities
July 23rd, 2023
In one of the most significant labor law cases in recent memory, Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Loc. Union No. 174, 143 S.Ct. 1404 (2023), the Supreme Court narrowed the scope of the Garmon preemption doctrine. This doctrine…
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Categories: Blog
EEOC prosecutes cutting-edge civil rights case to combat alleged hostile work environment for transgender employees
April 12th, 2023
In Bostock v. Clayton County, the United States Supreme Court ruled that disparate treatment of employees because of their transgender status or sexual orientation violates the Title VII prohibition against discrimination because of sex. In the wake…
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Federal enforcement agencies crack down on employer use of artificial intelligence
November 11th, 2022
The General Counsel for the National Labor Relations Board (“NLRB”) recently issued a directive that employers cease illegal automated management practices and electronic surveillance. This is an important development because the COVID-19 pandemi…
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Categories: Blog
DOL again takes action to combat employer exploitation, this time regarding immigrant workers
August 1st, 2022
The United States Department of Labor (“DOL”) recently issued new guidelines about how to enlist the DOL’s help with fending off retaliation by employers against employees from other countries who report wage theft, workplace safety violations,…
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Categories: Blog
DOL increases efforts to combat exploitation of employees with disabilities
July 1st, 2022
The United States Department of Labor (“DOL”) recently issued new guidance regarding the enforcement of the Federal Fair Labor Standards Act (“FLSA”) in relation to the Rehabilitation Act. Section 14(c) of the FLSA allows employers to pay les…
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Categories: Blog
DOL increasing enforcement in key areas of the economy
February 14th, 2022
The United States Department of Labor (“DOL”) has publicly committed to ensuring that employers respect the rights of key employees on the frontline of the ongoing pandemic. In particular, the DOL’s Wage and Hour Division now prioritizes the en…
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Categories: Blog
Despite repeated examples of deadly police misconduct, the Supreme Court strengthens defense for police in misconduct cases
November 15th, 2021
The United States Supreme Court adopted the defense of qualified immunity many years ago to prevent public employees from being sued successfully for what they do (or do not do) in the line of duty. This defense turns on the idea that public servants…
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Categories: Blog
DOL moves employment law in right direction
August 2nd, 2021
On July 30, 2021, the United States Department of Labor (“DOL”) rescinded a rule adopted under the prior Federal administration that limited when more than one company is responsible for wage theft, employee misclassification, or other violations…
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Economic analysis shows better enforcement needed to protect employee rights
July 1st, 2021
The reports of widespread wage theft, employee misclassification, and employer retaliation have continued, if not increased, in recent years. Consequently, the results of a new study are both unsurprising and deeply troubling for those who seek workp…
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Categories: Blog
EEOC steps up to address the pandemic’s impact
June 9th, 2021
The United States Equal Employment Opportunity Commission (“EEOC”) recently issued public guidance regarding the use of incentives to encourage employees to be vaccinated against COVID-19. This technical assistance from the EEOC outlines how empl…
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