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May 9th, 2019

Today’s News & Commentary — May 9, 2019

Published May 9th, 2019 -

Yesterday the Senate confirmed Janet Dhillon to serve as the new chair of the Equal Employment Opportunity Commission in a 50-43 vote.  Dhillon joins Republican Victoria Lipnic and Democrat Charlotte Burrows on the Commission, bringing its membership to three ... More »

May 8th, 2019

Today’s News & Commentary — May 8, 2019

Published May 8th, 2019 -

The biggest internationally coordinated strike by Lyft and Uber drivers is expected to take place today in major U.S. cities and in the United Kingdom, Australia, and South America.  Driver demands vary by organizing group, but include calls for livable income... More »

April 28th, 2019

Weekend News & Commentary — April 27-28, 2019

Published April 28th, 2019 -

On Thursday, Andrew Lelling, the U.S. Attorney for the District of Massachusetts, charged a Massachusetts district court judge and a former court officer with three federal obstruction offenses.  Judge Shelley Richmond Joseph and Wesley McGregor are accused of... More »

April 25th, 2019

Today’s News & Commentary — April 25, 2019

Published April 25th, 2019 -

In Lamps Plus v. Varela, the Supreme Court held yesterday that “[u]nder the Federal Arbitration Act, an ambiguous agreement cannot provide the necessary contractual basis for concluding that the parties agreed to submit to class arbitration.”  In the case, Lam... More »

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Religious Freedom for All, and Accommodation for Some

Published March 15th, 2019 -

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on religion. With respect to religion, 42 USC 2000e(j) requires an employer to “reasonably accommodate” an employee’s beliefs and practices. But while an employer will alway... More »

March 14th, 2019

Today’s News & Commentary — March 14, 2019

Published March 14th, 2019 -

Yesterday Democrats in both the House and the Senate reintroduced the Equality Act, a bill that would bar discrimination on the basis of sexual orientation or gender identity in employment, housing, and public accommodations.  Forty-four business groups, inclu... More »

February 28th, 2019

Today’s News & Commentary — February 28, 2019

Published February 28th, 2019 -

Later this morning, Senator Richard Blumenthal and Representatives Hank Johnson and Jerry Nadler will hold a press conference announcing the Forced Arbitration Injustice Repeal (FAIR) Act, a bill that would amend the Federal Arbitration Act to exempt mandatory... More »

February 7th, 2019

Today’s News & Commentary — February 7, 2019

Published February 7th, 2019 -

The grocery-delivery service Instacart caved to public outrage over its tipping policy and will now pass along the full value of a customer’s tip to the delivery worker. Beginning in November, Instacart had in some cases reduced the rate the company paid... More »

February 5th, 2019

Today’s News & Commentary — February 5, 2019

Published February 5th, 2019 -

New Jersey on Monday became the fourth state to raise its hourly minimum wage to $15.  Democratic Gov. Phil Murphy signed the bill into law, paving the way for the new minimum wage to be phased in over five years.  New Jersey joins California, Massachusetts, N... More »

December 19th, 2018

Today’s News & Commentary — December 19, 2018

Published December 19th, 2018 -

In wage and Auer news, Bloomberg reports that a potential Supreme Court ruling upending “Auer deference” could magnify judicial oversight of federal agencies enforcing labor and employment law.  Named after the Supreme Court’s decision in Auer v. Robbins and d... More »

October 26th, 2018

Today’s News & Commentary — October 26, 2018

Published October 26th, 2018 -

While the U.S. Department of Justice filed a brief to the Supreme Court this week arguing that Title VII’s workplace discrimination protections do not extend explicitly to transgender or transitioning workers, the Equal Employment Opportunity Commission’s Acti... More »