Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
7/30/2024
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Chevron Deference ,
Chevron v NRDC ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Labor Regulations ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
NLRA ,
NLRB ,
OSHA ,
Over-Time ,
SCOTUS ,
Starbucks Corp. v McKinney ,
Statutory Interpretation
Enacted in 1925, the Federal Arbitration Act (FAA) reflects the nation’s policy favoring arbitration agreements. Employers routinely rely on the FAA to compel aggrieved employees to press their disputes before an arbitrator,...more
Title VII requires employers to accommodate their employees’ religious practices unless it would impose an “undue hardship on the conduct of the employer’s business.” Fifty years ago, in Trans World Airlines, Inc. v....more
Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language...more
Earlier this week, the EEOC updated its COVID-19 Technical Assistance.
This time to address how Title VII applies when an applicant or employee requests a religious exception to an employer’s COVID-19 vaccination mandate. ...more
Last week, in a memorandum to NLRB regional directors, officers in charge, and resident officers, Board General Counsel Jennifer Abruzzo said scholarship athletes who generate millions for their schools “are employees under...more
Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more
Last week, in a major break from its policy under the Trump administration, the US Department of Education's Office for Civil Rights issued a Notice of Interpretation, explaining that it will enforce Title IX's prohibition...more
In April, Houston Methodist Hospital announced its decision to mandate the COVID-19 vaccination for all employees. One hundred seventeen employees sued to block the mandate. But, on June 12th, one day after hearing oral...more
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a rule clarifying the scope of the religious exemption under Executive Order 11246 (EO 11246), which requires equal...more
Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes.
Introduction [1] -...more
12/1/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Disability Discrimination ,
Drug Testing ,
Drug-Free Workplace Act ,
Employment Policies ,
Food and Drug Administration (FDA) ,
Medical Marijuana ,
New Guidance ,
Reasonable Accommodation ,
Schedule I Drugs ,
SCOTUS ,
Supremacy Clause
On November 3rd, the Department of Labor’s Wage and Hour Division published an opinion letter addressing whether the FLSA requires employers to pay non-exempt employees for time that they spend in voluntary training...more
It’s not uncommon for a worker to perform services for an employer – A – that simultaneously benefit another person – B.
(Under the FLSA, “person” means “any individual, partnership, association, corporation, business...more
9/15/2020
/ Administrative Procedure ,
Business Model ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Joint Employers ,
New Rules ,
New York ,
SCOTUS ,
Staffing Agencies ,
Subcontractors ,
Supervisors