With nearly 200 posts this year, we have certainly run the gamut on employment and labor law developments, ranging from minimum wage hikes, President Donald Trump's first nominee for Labor Secretary unexpectedly withdrawing, right to work developments (including right to work zones), increased attention on sexual harassment claims in the workplace, the National Labor Relations Board taking on a 3 - 2 Republican majority, and the subsequent reversal of the 2015 Browning-Ferris joint employer decision.
Of course, that is not even touching on the many decisions handed down by courts across the country over the past twelve months that addressed whether an employer discriminated against an employee with a medical marijuana card simply because she was a card holder (Callaghan v. Darlington Fabrics), yet another case that considered if time spent in security screenings after clocking out was compensable time (Vance v. Amazon.com, Inc. et al.), a Fourth Circuit Court of Appeals case that addressed whether an employer unlawfully failed to accommodate an employee that asked for a religious accommodation request after objecting to the use of a hand scanner at work that interfered with the employee's religious beliefs (EEOC v. CONSOL Energy, Inc.), and a case that considered if rescinding an offer of employment because an applicant engaged in protected activity was unlawful...spoiler alert, it was (Linkletter v. Western & Southern Financial Group, Inc.), among many other noteworthy cases.
Many thanks to all the readers for following along throughout the many developments this year. I am looking forward to the new year ahead with another wide range of employment and labor law developments to share.
Of course, that is not even touching on the many decisions handed down by courts across the country over the past twelve months that addressed whether an employer discriminated against an employee with a medical marijuana card simply because she was a card holder (Callaghan v. Darlington Fabrics), yet another case that considered if time spent in security screenings after clocking out was compensable time (Vance v. Amazon.com, Inc. et al.), a Fourth Circuit Court of Appeals case that addressed whether an employer unlawfully failed to accommodate an employee that asked for a religious accommodation request after objecting to the use of a hand scanner at work that interfered with the employee's religious beliefs (EEOC v. CONSOL Energy, Inc.), and a case that considered if rescinding an offer of employment because an applicant engaged in protected activity was unlawful...spoiler alert, it was (Linkletter v. Western & Southern Financial Group, Inc.), among many other noteworthy cases.
Many thanks to all the readers for following along throughout the many developments this year. I am looking forward to the new year ahead with another wide range of employment and labor law developments to share.
As always, below are a couple articles that caught my eye this week.
Microsoft Eliminates Forced Arbitration Agreements For Sexual Harassment Claims
A
few weeks ago, Microsoft made what I consider to be a major
announcement with its decision to no longer require employees to pursue
sexual harassment claims via arbitration (rather than in court.) Going
one step further, the company also endorsed a bill introduced in the
U.S. Congress by Senator Kirsten Gillibrand (Democrat from New York) and
Senator Lindsey Graham (Republican from South Carolina) that would
prohibit companies from contractually requiring employees to settle
these types of cases behind closed doors in arbitration. As noted by
Nick Wingfield and Jessica Silver-Greenberg at The New York Times, Microsoft becomes one of the first major companies to directly address sexual harassment policies in its workplace.
New Year, New Wage: A Breakdown of Minimum Wage Hikes in 2018
For many readers, the past year has been somewhat difficult (if not confusing) trying to follow the range of (proposed) minimum wage hikes across the country. Do not worry, CNN Money recently put out a concise breakdown of minimum wage hikes in the coming year for many cities and states. Something tells me we are likely to see many more cities and states added to this list over the coming twelve months.
Unions Are Spending Big Money to Fight Missouri Right to Work Law
After many failed attempts, in February, Republicans in Missouri were able to approve a right to work bill that Republican Governor Eric Greitens signed. However, opponents of the right to work law mobilized and collected enough signatures to suspend the law and place it on the 2018 ballot for Missouri voters to decide upon. Given how proactive opponents of the right to work legislation have been, it should come as little surprise that unions have started to ramp up spending in the state to contest the law ahead of next year's vote. In fact, over the past few months, nearly $2 million has poured into efforts to defeat the right to work law. This one still has a long ways to go until election day next November, but this referendum in Missouri could prove to be a seminal moment for right to work laws.
New Year, New Wage: A Breakdown of Minimum Wage Hikes in 2018
For many readers, the past year has been somewhat difficult (if not confusing) trying to follow the range of (proposed) minimum wage hikes across the country. Do not worry, CNN Money recently put out a concise breakdown of minimum wage hikes in the coming year for many cities and states. Something tells me we are likely to see many more cities and states added to this list over the coming twelve months.
Unions Are Spending Big Money to Fight Missouri Right to Work Law
After many failed attempts, in February, Republicans in Missouri were able to approve a right to work bill that Republican Governor Eric Greitens signed. However, opponents of the right to work law mobilized and collected enough signatures to suspend the law and place it on the 2018 ballot for Missouri voters to decide upon. Given how proactive opponents of the right to work legislation have been, it should come as little surprise that unions have started to ramp up spending in the state to contest the law ahead of next year's vote. In fact, over the past few months, nearly $2 million has poured into efforts to defeat the right to work law. This one still has a long ways to go until election day next November, but this referendum in Missouri could prove to be a seminal moment for right to work laws.
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