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Articles by Jeffrey McPhaul
New Leaders, New Focus: Navigating EEOC Updates | JD Supra
Since taking office, President Trump has issued a flurry of terminations and appointments at different administrative agencies, including the Equal Employment Opportunity Commission (EEOC). As many expected, President Trump quickly appointed Commissioner Andrea Lucas as the Acting Chair of the EEOC. However, President Trump then fired two Democratic members of the EEOC, Commissioners Charlotte A. Burrows and Jocelyn Samuels.
EEOC’s Pregnancy Priority: The Commission Sues Three Employers in Lawsuits Alleging Violations of the Pregnant Workers’ Fairness Act | JD Supra
In September 2024, the Equal Employment Opportunity Commission (EEOC) filed lawsuits against three separate employers alleging violations of the Pregnant Workers’ Fairness Act (PWFA), a federal law enacted in June 2023 that requires covered employers to provide reasonable accommodations to employees for known limitations related to pregnancy, childbirth, and related medical conditions.
High Court Update: Recent US Supreme Court Rulings Employers Should Know About | JD Supra
Thus far, 2024 has been a whirlwind of new employment rules, statutes, guidance, and decisions for employers to grapple with and account for in their businesses. Among these decisions are a handful of rulings from the Supreme Court of the United States that will have important impacts on the workplace. Muldrow v.
WARN-ing Ahead: Key Considerations and Reminders for Employee Separations in 2023 | JD Supra
Given the current economic climate, employers may find themselves in the unfortunate position of needing to conduct a reduction in force or layoff in 2023. Before doing so, employers must consider and evaluate the impact of state and federal law relating to such separations. Most notably, on the federal level, employers must account for the Worker Adjustment and Retraining Notification Act (“WARN”).
Marijuana Criminalization No MORE? | JD Supra
In recent years, forty-seven states have revised their regulatory schemes regarding marijuana, whether to permit its use for limited medical reasons or to decriminalize it altogether. Nevertheless, despite this dramatic shift on a state level, as of the date of this article, marijuana remains illegal on the federal level.
NLRB's Top Attorney Says College Athletes Are Employees: Here's What That Means | JD Supra
On September 29, the top attorney for the National Labor Relations Board (“NLRB”) issued a memorandum opining that certain collegiate athletes at private institutions should be considered employees under the National Labor Relations Act (the “Act”), which would grant them certain statutory protections, including the right to unionize and speak out about the terms and conditions of their employment with the universities they attend.
Supreme Court Limits Claims Under Computer Fraud and Abuse Act | JD Supra
The Computer Fraud and Abuse Act (CFAA) creates liability for anyone who “intentionally accesses a computer without authorization or exceeds authorized access.” The CFAA defines “exceeds authorized access” to mean “to access a computer with authorization and to use such access to obtain or alter information in the computer that the accesser is not entitled to so obtain or alter.” In recent years, the U.S. Circuit Courts of Appeals have been split in their interpretation of this definition.
PNW Heat Wave Leads to Emergency Regulations for Employee Safety | JD Supra
Record-breaking summer temperatures in Oregon and Washington have led state agencies to pass emergency regulations to protect workers from the dangers of high and extreme heat. The Oregon Occupational Safety Administration and the Washington State Department of Labor and Industries each issued emergency rules last week, requiring employers to take additional precautions to prevent heat-related illness for employees in these Pacific Northwest states.
How to Keep a Trade Secret: Texas Supreme Court Weighs in on TUTSA and Sealing of Court Records | JD Supra
In cases involving allegations of trade secret misappropriation, litigants and courts necessarily face an important dilemma: how to protect the confidential nature of the trade secrets in a court system intended to be open to the public. With the passage of the Texas Uniform Trade Secrets Act (TUTSA) in 2013, litigants appeared to receive much-needed assistance.
Riding the Green Wave – Considerations for Employers in Dealing With Marijuana Legalization | JD Supra
As a wave of marijuana legalization continues to sweep the country, employers (especially those with multi-state operations) must grapple with its impact on their operations and workforce. The majority of states and the District of Columbia now permit some form of legal recreational or medicinal marijuana use.
Updated on December 31, 2020 - COVID Stimulus Guide: Overview of Key Unemployment Provisions Update | JD Supra
On March 28, we published a QuickStudy outlining the relevant unemployment provisions in the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act”, signed into law by President Trump on March 27.
Class Arbitration - Two Cautionary Tales for Employers | JD Supra
The Supreme Court’s 2018 decision in Epic Systems Corporation v. Lewis, 138 S. Ct. 1612 (2018), validated the use of class action waivers, providing employers with a valuable tool to preserve bilateral employment arbitrations and manage risk. However, employers carefully should weigh the costs and benefits of whether and how to wield this tool. Two recent decisions underscore this point. First, a recent decision of the United States Court of Appeals for the Ninth Circuit, Adams v.
Wage and Hour Update: Notable FLSA Developments in 2020 | JD Supra
The Department of Labor (DOL) and courts across the country were busy in the first half of 2020 providing guidance and opinions addressing the Fair Labor Standards Act (FLSA). Here are some of the highlights: New fluctuating workweek (FWW) regulations: On May 20, 2020, the DOL issued a final rule amending the regulations governing the FWW method for calculating overtime under the FLSA.
CARES Act Guide: Overview Of Key Unemployment Provisions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Year in Review: Notable 2019 Decisions Impacting Arbitration Agreements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOL Proposes New Salary Threshold for FLSA’s Overtime Exemptions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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