The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears oral argument in Groff v. DeJoy, No. 22-174.
A bipartisan group of U.S. Senators has reintroduced a bill, dubbed the “Workforce Mobility Act of 2023,” that would largely ban the use of employer non-compete agreements nationwide as a matter of federal law.
John Bryson II authors “Shareholder Proposals Gaining Traction With Racial Equity Audits,” published by Bloomberg Law.
Kathryn Russo discusses ongoing changes to marijuana state laws and how they may affect workplace drug testing policies within different industries in “Legal marijuana and work: What to know about drug testing, policies and more,” published by Newsday.
With a White House and NLRB that are more pro-labor than most recent past administrations, a “labor renaissance” will be the overarching theme of 2023. Jackson Lewis principals Laura A. Pierson-Scheinberg and Felice B. Ekelman discuss what employers could or should do, especially since the “renaissance” is less governmental and more groundswell.
The advanced technologies that facilitated much of the organizational productivity and business profitability during the pandemic will continue to raise legal and compliance issues in 2023. Listen as Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti discuss the top issues data collection and use are causing for employers.
As courts increasingly enforce applicable state and local laws that make marijuana legal instead of the federal law that makes it illegal, workplace substance abuse policies need a re-look. Jackson Lewis principals Catherine Cano and Kathryn Russo share insights on how the rapidly proliferating laws protecting marijuana and CBD are making marijuana issues for employers more complex.
The Illinois Supreme Court has ruled out the possibility of a one-year statute of limitations for claims under the Illinois Biometric Information Privacy Act (BIPA). Tims v. Blackhorse Carriers, Inc., No. 127801 (Feb. 2, 2023).
In answer to the certified question of whether the limitations period under section 13-201 of the Illinois
The Michigan legislature was within its authority to amend two ballot initiatives in 2018, one to significantly raise the minimum wage and the other to greatly expand the availability of paid sick leave to employees, the Michigan Court of Appeals has held. Mothering Justice v. Attorney General, 2023 Mich. App. LEXIS
USCIS is extending the validity of conditional permanent residence cards, or green cards, for 48 months beyond the card’s expiration date.
The move is in response to the long processing delays for those filing petitions to remove conditions on residence – the Form I-751, Petition to Remove Conditions on Residence
In what is likely the busiest time for workforce reductions since the pandemic began, employers should engage in longer-term, strategic thinking about how to adjust staffing levels. Jackson Lewis principals Michael Jakowsky and Isaac J. Burker offer best practices for WARN and disparate impact analyses.
Organizing and strike activity will continue its upward trajectory in 2023. Jackson Lewis principals Richard F. Vitarelli and Jonathan J. Spitz say macroeconomic factors (e.g., pay, staffing, health safety), a labor-leaning NLRB GC, and pro-union earmarks in government contracts are fueling the trend across the country.
New rulemaking to raise the salary level for exempt employees and an expected final DOL rule that is expected to make classifying workers as independent contractors less easy will be top-level topics in 2023. Jackson Lewis principals Jeffrey W. Brecher and Justin R. Barnes discuss the novel legal challenges likely to arise and how employers can prepare.