Monday, July 6, 2026Labor & Employment Law
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Labor Law - General
The National Labor Relations Board returned to its prior employee-friendly test for determining whether an individual is an independent contractor. The Atlanta Opera, Inc. , 372 NLRB No. 95 (June 13, 2023).
Affirmative Action - General
In its decision holding the use of race in university and college admissions is unconstitutional in violation of the Equal Protection Clause of the Fourteenth Amendment, the U.S. Supreme Court noted that “[e]liminating racial discrimination means eliminating all of it.” Students for Fair Admissions,
Lawyering - General
In a 5-4 decision, the U.S. Supreme Court has upheld Pennsylvania’s “registration statute,” which requires corporations that register to do business in Pennsylvania to consent to the “general personal jurisdiction” of Pennsylvania. Mallory v. Norfolk Southern Railway Co. , No. 21-1168 (June 27, 2023
HR - General
The Federal Trade Commission (FTC), with “concurrence” of the assistant attorney general for the Antitrust Division of the U.S. Department of Justice (DOJ), has issued a Notice of Proposed Rulemaking (NPRM) proposing significant amendments to the Premerger Notification and Report Form filed by parti
HR - Retail Industry
The Wage and Hour Division of the Department of Labor has advised in an opinion letter on calculating Family and Medical Leave Act leave when employees take off part of a week during which a holiday falls that holidays are not counted toward leave, unless an employee takes the entire week off or the
Affirmative Action - General
The U.S. Supreme Court held that the use of race in university and college admissions is unconstitutional. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College , No. 20-1199, together with Students for Fair Admissions, Inc. v. Univ. of North Carolina, No. 21-707 (June 29, 2
HR - Reductions In Force (RIF)
The life sciences industry is certainly not immune to changes in the economic climate. While never an easy decision for employers, some life sciences companies have had to lay off or reduce their workforces to help refine their strategies and streamline their operating structure.
Sex Discrimination - Orientation And Identity
Colorado’s Anti-Discrimination Act (CADA) constituted an impermissible infringement on its citizens’ First Amendment right to freedom of speech, as the Act could compel individuals and businesses to engage in speech with which they disagree, the U.S. Supreme Court has ruled in a 6-3 decision written
ADA - General
Self-appointed “testers” need to establish their legal right to sue under the Americans With Disabilities Act (ADA) by showing a concrete and particularized injury, Jackson Lewis attorneys wrote in an amicus brief submitted to the U.S. Supreme Court on behalf of The Restaurant Law Center in Acheson
Illinois - Wage & Hour
A bill that substantially amends the Illinois Day and Temporary Labor Services Act (DTLSA) to impose expansive new duties on Illinois staffing agencies, and on all employers who rely on temporary and day laborers, has been sent to the governor for signature. Governor J.B. Pritzker is widely expected
D.C. - General
The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibi
Immigration - General
Texas did not have standing to challenge the Biden Administration’s policy priorities regarding removal of noncitizens, the U.S. Supreme Court has ruled . United States v. Texas , No. 22-58 (June 23, 2023). In February 2021, recognizing that, of the more than 11 million removable noncitizens in the
Immigration - Visas
U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements in doing so, the U.S. Circuit Court for the District of Columbia has ruled
HR - Construction Industry
The federal government’s focus on the construction industry is growing as more construction companies benefit from the Infrastructure Investment and Jobs Act (IIJA). The IIJA was signed into law by President Joe Biden on Nov. 15, 2021, and is funneling millions of dollars into infrastructure improve
Benefits - General
Withdrawal liability is a major concern for many employers with collectively bargained operations. While special rules applicable to the construction industry can limit the circumstances under which liability can be imposed, they do not eliminate it entirely. Recent case law on the interest rate ass
Labor Law - Protected Concerted Activity
Two important principles under the National Labor Relations Act are worth reiterating to construction employers: first, employees cannot be disciplined for engaging in activity protected by that Act; and, second, employers may still discipline employees in the wake of protected activity as long as t
OSHA - General
Inspectors from the Occupational Safety and Health Administration (OSHA) must be able prove that the employer should have been aware of hidden dangers to issue citations, the Occupational Safety and Health Review Commission has determined. Secretary of Labor v. Raymond – San Diego, Inc. , OSHRC No.
HR - Construction Industry
In its report, “ Building for the Future: Advancing Equal Opportunity in the Construction Industry ,” the U.S. Equal Employment Opportunity Commission (EEOC) identifies the challenges to diversity and inclusion in the industry and promises to take steps, including releasing industry-specific technic
HR - Construction Industry
The National Labor Relations Board (NLRB) has made finding independent contractor status harder under the National Labor Relations Act. The Atlanta Opera, Inc. , 372 NLRB No. 95 (2023). This decision may significantly affect business in the construction industry, where employers frequently confront
Religious Discrimination - General
The U.S. Supreme Court has “clarified” and changed the religious accommodation standard under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission (EEOC) have relied upon for more than 46 years. Groff v. DeJoy , No. 22-174 (June 29, 2023).