The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA)...more
What do missing bolts on an airplane door and employer diversity, equity, and inclusion (DEI) programs have in common? Texas Attorney General (AG) Ken Paxton is determined to link the two. Many DEI initiatives are lawful, and...more
An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be...more
4/26/2024
/ Adverse Employment Action ,
Civil Rights Act ,
Employee Transfers ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Hiring & Firing ,
Lateral Transfers ,
Muldrow v City of St Louis ,
SCOTUS ,
Sex Discrimination ,
Title VII
The Alabama Legislature has enacted 2024 Ala. Act 34, limiting the diversity, equity, and inclusion (DEI) efforts of state agencies, public universities, and public boards of education. The new law goes into effect Oct. 1,...more
A unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has upheld a preliminary injunction blocking enforcement of Florida’s Individual Freedom Act. Honeyfund.Com Inc, et al. v. Governor, State of...more
The Anaheim Hotel Worker Protection Ordinance takes effect January 1, 2024, though it had a rocky path to passage. It started with a more expansive ordinance proposed in May, which was sent to the voters in October and...more
California’s Governor signed Senate Bill (SB) 54, which requires a venture capital company to report annually to the California Civil Rights Department (CRD) on its funding determinations related to companies primarily...more
Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more
The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more
9/6/2023
/ Affirmative Action ,
Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Protection ,
Policies and Procedures ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
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...more
7/7/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Department of Education ,
Equal Protection ,
Fourteenth Amendment ,
OCR ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
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...more
7/6/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities ,
Wage and Hour
In November 2022, the City of Irvine was the first city in Orange County to pass a Hotel Worker Protection Ordinance. The ordinance generally took effect on December 22, 2022. However, the fair compensation for workload...more
In recent years several cities, including Los Angeles and West Hollywood have passed hotel worker protection ordinances, which put both safety and workload protections in place....more
The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more
10/5/2021
/ Americans with Disabilities Act (ADA) ,
Biometric Information ,
Class Action ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Discrimination ,
Employee Privacy Rights ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
GINA ,
Masks ,
Misclassification ,
Non-Exempt Employees ,
Private Attorneys General Act (PAGA) ,
Religious Exemption ,
Return-to-Work Agreements ,
Unpaid Overtime ,
Vaccinations ,
Wage and Hour ,
WARN Act
All the way back in 2018, California passed Senate Bill 826 requiring publicly-held corporations with principal executive offices in California to have a certain number of females on their board of directors. Similarly, in...more
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more
5/13/2021
/ Business Expenses ,
Class Action ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender Discrimination ,
Non-Exempt Employees ,
Pay Equity Laws ,
Race Discrimination ,
Reimbursements ,
Remote Working ,
Rest and Meal Break ,
Return-to-Work Agreements ,
Statute of Limitations ,
Telecommuting ,
Vaccinations ,
Wage and Hour
It’s 2021 and so many rules of the game have changed. Employers are facing increasing scrutiny on the Diversity Equity & Inclusion front. Some want to get ahead of it, and make sure their DEI programs are current and...more
Last year presented many challenges, and 2021 offers a fresh start. In this issue of the Class Actions Trends Report we review the most significant developments of 2020 and take a look forward to what a new year and a new...more
2/2/2021
/ 401k ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Biden Administration ,
Biometric Information Privacy Act ,
Business Interruption ,
Class Action ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
Fluctuating Workweek ,
Higher Education Act ,
Independent Contractors ,
Labor Code ,
Layoffs ,
Pregnancy Discrimination ,
Private Attorneys General Act (PAGA) ,
Ridesharing ,
SCOTUS ,
Sexual Harassment ,
TCPA ,
Trucking Industry ,
Wage and Hour
Many companies made pledges and commitments to advance racial equity in the workplace during 2020. Will employers honor their commitments to create and maintain a racially equitable workplace? Their employees are watching...more
As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more
11/3/2020
/ ABC Test ,
Administrative Law Judge (ALJ) ,
Class Action ,
Collective Actions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Due Diligence ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Hybrid Plan ,
Independent Contractors ,
Mitigating Factors ,
Remote Working ,
USERRA ,
Wage and Hour ,
WARN Act
A workplace where employees believe they can speak up candidly with ideas, questions, and concerns, and even make mistakes without fear of reprisal or adverse repercussions, contributes to inclusivity and can improve...more
Following the “Combating Race and Sex Stereotyping” Executive Order (EO), which requires the Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline and investigate complaints of violations, OFCCP has...more
On September 30, 2020, Governor Newsom signed Assembly Bill (“AB”) 979, which requires publicly held corporations headquartered in California to diversify their boards of directors with directors from “underrepresented...more
Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the...more