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COVID-19 Vaccinations: Legal Considerations for Employers

With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Student Athletes Are Not Employees, Seventh Circuit Rules

Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more

Sixth Circuit Rules That Employees Are Not Entitled to Vested Health Benefits

In a ruling that follows the Supreme Court’s repudiation in M&G Polymers USA v. Tackett of the retiree-friendly inferences set forth in UAW v. Yard-Man, the United States Court of Appeals for the Sixth Circuit ruled in Gallo...more

Notice of Future Termination Does Not Constitute Immediate Employment Loss Under the WARN ACT

The U.S. Court of Appeals for the Sixth Circuit recently clarified that when an employer provides notice to a group of workers that their employment will be terminated in the future, they do not suffer an immediate employment...more

Job Applicant Denied Whistleblower Protection in Sixth Circuit

Job applicants lack standing to bring whistleblower retaliation claims under the False Claims Act (FCA) and the Energy Reorganization Act (ERA) because they are not “employees,” according to the Sixth Circuit Court of...more

Volunteers Are Not “Employees” Protected From Employment Discrimination Under Title VII

Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more

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