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The U.S. 3rd Circuit Court of Appeals (which covers Pennsylvania employers) recently announced it will consider the most important question in collegiate sports history: whether students who participate in college athletics are employees. The case comes on the heels of the U.S. Supreme Court’s August 25, 2021, decision in NCAA v. Alston, which struck down […]
President Joe Biden’s nomination of a diversity and inclusion expert for a seat on the Equal Employment Opportunity Commission (EEOC) puts the panel closer to a 3-2 Democratic majority. Kalpana Kotagal’s nomination was announced April 4 for the seat that will come open when Republican Janet Dhillon’s term ends on July 1. Kotagal is a partner […]
Earlier today, the U.S. Supreme Court issued its much-anticipated decisions about the COVID-19 vaccine mandates issued by the Occupational Safety and Health Administration (OSHA) for employers with at least 100 employees, and the Centers for Medicare and Medicaid Services (CMS) for healthcare workers. In a 6-3 decision, the Court reimposed a “stay” (or hold) on […]
A Louisiana federal district court has issued a nationwide injunction barring the Centers for Medicare and Medicaid Services (CMS) from enforcing its COVID-19 vaccine mandate for healthcare workers. How We Got Here On Monday, November 29, a federal judge in Missouri enjoined the CMS from enforcing the vaccine mandate. The court, however, limited the injunction’s […]
Whenever there’s a change in the political party at the White House, we usually see a shift in policy at the National Labor Relations Board (NLRB), too. This year is unique because, in addition to the change in leadership, we are slowly emerging from more than a year of uncertainty caused by the COVID-19 pandemic. […]
Football season is upon us, and so are the clichés associated with it. But clichés all contain kernels of truth, do they not? Here is one: “Football is a game of inches.” So, too, is employment discrimination litigation. For an education on this point and the importance of small details, read on. The ‘T’ Got […]
Arbitration agreements are basically contracts, and they won’t be enforced absent proof both parties agreed to their terms. When the agreement is ambiguous and the ambiguity was created by the employer, one might expect a court won’t enforce the contract against the employee. But arbitration agreements are favored by some basic legal tenets, so is […]
An East Tennessee federal district court recently issued a preliminary injunction barring a person from using information he stole from his former employer to further his competing business.
The National Football League (NFL) recently levied a $10 million fine against the Washington Football Team (WFT) for fostering a workplace culture loaded with sexual harassment, bullying, and intimidation. The fine, imposed at the end of a months-long investigation, is one of the harshest penalties the league has ever assessed. The money will be used […]
Major depressive disorder affects many Americans. In 2017, about seven percent of U.S. adults endured at least one major depressive episode, according to the National Institute of Mental Health. When the depressive episodes occur at work, they can create tough HR challenges. On May 27, 2021, the U.S. 11th Circuit Court of Appeals (which covers […]