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The content of this article was originally published in Law360.
2022 marked the end of forced arbitration of sexual harassment claims: Where are we a year later? Last year, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault Act, effective March 3, 2022. This morning, in a 6-3 decision, the United States Supreme Court issued its ruling in 303 Creative LLC v. Elenis, finding in favor of the owner of a website design business who sued the state of Colorado because she feared Colorado’s public accommodation law would force her to convey website messages inconsistent with her belief that marriage should be reserved to unions between one man and one woman. The Court held that the Free Speech Clause of the First Amendment protected and excepted the owner from complying with Colorado’s law, reasoning Colorado could not require a website designer to create expressive designs that “defy her conscience” or “speak messages with which [she] disagrees.” With concern for the implications of the majority’s holding, the dissent wrote: “Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.”
Yesterday, in Groff v. DeJoy, a unanimous Supreme Court jettisoned the standard that courts and employers have relied on for decades to determine the existence of an “undue hardship” as a basis to reject religious accommodation requests. After Groff, an employer can reject a religious accommodation request as an undue burden only if granting the accommodation would result in “substantial increased costs” for the employer.
On Wednesday, the United States Supreme Court issued a significant ruling on personal jurisdiction over corporate defendants in Mallory v. Norfolk Southern Railway Co.—specifically, corporations that are authorized to conduct business in Pennsylvania. For those corporations, the simple act of registering with the Pennsylvania Department of State means the corporation has consented to being sued in Pennsylvania—by anyone and for conduct that happened anywhere.
Today, the United States Supreme Court issued an opinion, Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, deciding two companion cases challenging race-based admissions practices at Harvard College and the University of North Carolina. As many predicted, the Court held that using race as a factor in public college admissions violates the Equal Protection Clause of the Fourteenth Amendment and, when carried out by institutions receiving federal funding, violates Title VI of the Civil Rights Act of 1964.
During his campaign for Governor of Maryland, Wes Moore’s platform emphasized raising the minimum wage, addressing other employment-related policies, and pledging to foster economic innovation in the state. Since taking office in January, Governor Moore has moved quickly to implement aspects of his platform, signing several new bills into law. Some of these laws significantly affect companies and their employees in the state, while others, and a new executive order, aim to attract new industries to Maryland. On the economic development front, it remains to be seen whether the Governor’s action will bolster Maryland’s business climate and if such changes will come at the expense of other states.
National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo has issued a memorandum describing her stance that the proffer, maintenance, or enforcement of most non-competes violate the National Labor Relations Act (“NLRA”). The General Counsel is responsible for prosecuting cases under the NLRA. Thus, while her recent memorandum does not have the force of law, it signals her intention to prosecute more non-compete cases with the hopes of generating new law. DOL Provides Additional Clarification on Impact of Holidays on an Employee’s FMLA Leave Balance6/1/2023
On Tuesday, the DOL issued an Opinion Letter explaining how an employer should calculate the amount of leave for an employee who takes leave under the Family Medical Leave Act (“FMLA”) during a week that includes a holiday. The letter also provides guidance on how employers can properly convert the twelve weeks of FMLA leave provided to eligible employees to an hourly equivalent.
Lawrence & Bundy LLC is honored once again to be included in Chambers USA’s ranking of the leading law firms and lawyers in the country.
“We are honored to be ranked as among the premier labor and employment firms in the country by Chambers USA and are particularly excited to have the individual contributions of Allegra Lawrence-Hardy and Lisa Haldar recognized,” said Thomas Bundy, co-founder of Lawrence & Bundy. “We are grateful to our extraordinary clients for their feedback and the part it has played in our firm’s recognition, once again, by Chambers.” According to a recent study by the Society for Human Resource Management, nearly 80% of HR departments using AI and other algorithm-based tools rely on these tools during the hiring process, and over 10% use these tools when making promotion or succession planning decisions.
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