Please join us for our quarterly Technology Series webinar where the Vinson & Elkins team will be discussing employment law developments affecting technology companies....more
It takes two to tango, but the National Labor Relations Board (“Board”) reaffirmed that it might only take one to engage in protected concerted activity. On August 25, 2023, the Board issued its decision in Miller Plastic...more
As many employers are likely aware, Title VII makes it illegal for covered employers to discriminate against employees and applicants based on certain protected characteristics, including sincerely held religious beliefs....more
7/19/2023
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
De Minimus Doctrine ,
Employer Liability Issues ,
Groff v DeJoy ,
Religious Accommodation ,
Religious Discrimination ,
SCOTUS ,
Substantial Burden ,
Title VII ,
Undue Hardship
Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage...more
Issues regarding pay equity have been front of mind for the Office of Federal Contract Compliance Programs (“OFCCP”) this year, as evidenced by the agency’s promise to “redoubl[e] its efforts” to ensure that government...more
Every year, April brings surprises for the unwary — typically in the form of an April fool’s joke. By way of example, this past April 1st, I nearly had a heart attack when I awoke to a purportedly fake post depicting the...more
Although not his most lyrically creative effort, John Mayer’s “Say” has a very important lesson for those drafting contracts: “Say what you need to say.” That refrain, which can be heard over 40 times in the original song, is...more
When unions seek to organize a group of employees, they often prefer to target a particular group or groups of employees in job classifications that they are confident will vote in favor of unionizing, as opposed to trying to...more
Proponents of organized labor were presumably pleased when Joe Biden was elected to be the 46th President of the United States, and with good reason. The night before the election, President Biden delivered a speech to...more
Sighs of relief due to newfound clarity about whether they were required to quickly implement a vaccinate-or-test policy, coupled with off-pitch renditions of Taylor Swift’s Stay Stay Stay were likely heard from the offices...more
1/21/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Contractors ,
Lack of Authority ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing
Large employers likely had a particularly bad case of the Mondays this week after a weekend of anticipating whether the Supreme Court would stay the Occupational Safety and Health Administration’s (“OSHA”) + (“ETS”) as a...more
Even a week removed from Thanksgiving, I can’t stop thinking about my Gramma’s Watergate Salad, an unusual (but somehow traditional) green gelatinous holiday dish that features a mixture of pistachio pudding, canned...more
September 1st is coming. And with it a change to Texas’ employment discrimination law arguably making supervisors or managers liable for sexual harassment. Now is a great time to dust off that sexual harassment training....more
Keys. Phone. Wallet. Mask. For the past year, those have been the staple items most individuals have ensured they have on their person before leaving their home to go to work. But as Covid-19 cases continues to subside in the...more
On May 11, 2021, the Fifth Circuit, sitting en banc, walked some of its precedent off the plank when it reexamined who qualifies as a “seaman” under the Jones Act. Apart from general maritime law, the Jones Act provides...more
My colleagues and I have written much recently regarding governmental antitrust authorities’ review of no-poach conduct (for example, see here). But let us not forget the additional scrutiny such agreements can face in...more
We all know that April showers bring May flowers, but this year April showers might have also brought more unions. Last week, President Biden, through an executive order, created the Task Force on Worker Organizing and...more
A couple weeks ago, while most of North America debated whether they were supposed to turn their clocks forwards or backwards, the European Parliament proposed a rule aimed at increasing the accountability and transparency of...more