Employers – Post the New EEOC Poster in Your Workplace (It is REQUIRED)

On October 20, 2022, the Equal Employment Opportunity Commission (“EEOC”) released a new workplace poster titled: “Know Your Rights: Workplace Discrimination is Illegal.” According to the EEOC, covered employers* must post this poster within the workplace going forward. Those who do not comply may be subject to fines for noncompliance. The law currently requires covered …

PAY TRANSPARENCY AND PAY EQUITY IN ONTARIO

Pay transparency and pay equity legislation is coming to the forefront across North America, and corporate policies concerning those topics, irrespective of legislative action, will be important due to the tight labour market caused by the pandemic and the retirement of the Boomer generation. Here is a primer on pay transparency and equity developments in …

What Educational Institutions Should Know About Title IX and the Proposed Title IX Regulations

Primary, secondary, and higher education institutions employ over 11 million people nationwide and provide educational services to many more students. At a national level, more than 8 million people are employed by primary and secondary schools. (See Bureau of Labor Statistics, May 2021.) Another over 3 million people are employed by colleges and universities in …

The Michigan Supreme Court Holds that Discrimination on the Basis of Sexual Orientation is Prohibited by the Elliott-Larsen Civil Rights Act

On July 28, 2022, in a 5-2 opinion, the Michigan Supreme Court held that the prohibition of discrimination “because of… sex” in the Elliott-Larsen Civil Rights Act (“ELCRA”) includes discrimination on the basis of sexual orientation. Rouch World LLC v Department of Civil Rights, No. 162482, July 28, 2022. Background There are two sets of background …

Growing Union Interest in the Cannabis Growing Business—What Employers Can Do Under the NLRA

The headlines are everywhere. Take The Guardian, for example, which recently published an article titled “Booming US cannabis industry seen as fertile ground for union expansion.”  (Michael Sainato, The Guardian, July 31, 2022.)  The piece touts the growth in the cannabis industry, noting that the sector grossed between $17.5 billion and $21.3 billion in revenue …

Reproductive Healthcare Issues for Employers Series, Part 5: Collective Bargaining Implications of the U.S. Supreme Court Decision in Dobbs

On June 24, 2022, the United States Supreme Court released Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. In our Reproductive Healthcare Issues for Employers series, we have discussed the impact of the Dobbs decision on abortion services as a non-taxable benefit under certain types of group health programs (Part 1), abortion-related …

Don’t Delay, Arbitrate Today—Supreme Court Removes Requirement to Demonstrate Prejudice in Asserting Waiver of Right to Arbitration

Employers who wish to arbitrate disputes with their employees should assert the right to arbitrate promptly—a recent Supreme Court decision has made it easier for employees to show that an employer’s delay constitutes a waiver of the right to arbitrate. In Morgan v. Sundance, Inc., 142 S.Ct. 1708 (2022), the plaintiff worked as an hourly …

All My Exes Live in Texas: Texas’ New Laws in the Wake of #MeToo and a Growing Economy

Texas is booming. As of 2022, Texas had 89,600 more jobs than it did before the onset of the pandemic. According to the U.S. Bureau of Labor Statistics, the unemployment rate steadily declined from 5% in October 2021 to 4.4 % in March 2022. Texas has always touted itself as an employer-friendly state, with the Texas Economic Department advertising …

Yes, CBD Registers On a Drug Screen as THC and, Yes, You Can Be Terminated for It

There is a lot to unpack in the Lehenky v. Toshiba America Energy Systems Corporation, Case No. 20-4573 (E.D. PA, February 22, 2022) case as it answers two very interesting questions. First, does CBD register on a drug screen as THC, and can employees be terminated for using it? Second, is an employer test for …

#MeToo 5 Years Later – How The States Took Over the Narrative

Although the COVID-19 pandemic has occupied a preeminent place in all of our minds for the past two years, it was not that long ago that the #MeToo movement swept the nation, forcing employers and employees to examine new—yet somehow also old—issues of discrimination, retaliation, and harassment in the workplace. From a cultural standpoint, #MeToo …