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U.S. Supreme Court Protects LGBTQ+ Rights in the Workplace

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June 15, 2020

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In Bostock v. Clayton County, the U.S. Supreme Court said that sex discrimination under Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and transgender status. The Court stated that “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.”

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Arbitration Agreement Update: Who Decides Arbitrability of a Claim?

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Last month, the U.S. Supreme Court decided in two scenarios where it could and could not enforce an arbitration agreement. On January 8, 2019, in Henry Schein, Inc. v. Archer & White Sales, Inc., the Supreme Court stated that a court cannot decide what claims are covered under an arbitration agreement where the agreement states that the arbitrator must decide.

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THE SCOTUS DECISION IS FINALLY HERE – Revisit Your Arbitration Agreements!

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May 21, 2018

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At long last, the U.S. Supreme Court finally issued its ruling on whether or not class action waivers in arbitration agreements violate the National Labor Relations Act (“NLRA”) – short answer, they don’t.

March Updates

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This Short List addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on DACA Program
  2. Reminder: 2017 EEO-1 Filing Deadline March 31, 2018
  3. H1-B Visa: Filing Deadlines and New Requirements
  4. Federal Judge Blocks EEOC Enforcement Guidance on Background Checks
  5. Reminder: Massachusetts Pregnant Workers Fairness Act Effective April 1, 2018
  6. Wisconsin’s Non-Compete Rules Apply to Non-Solicitation Agreements

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U.S. Supreme Court: Individual States Cannot Treat Arbitration Agreements Different From Contracts

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May 15, 2017

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The U.S. Supreme Court has reaffirmed its strong support of the Federal Arbitration Act (“FAA”) by remanding a recent Kentucky Supreme Court decision that targeted arbitration agreements.  The U.S. Supreme Court stated that the FAA requires all states to treat arbitration and other types of contract agreements equally, and any state regulations that disfavor or discriminate against arbitration are invalid under the FAA.

June Updates

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This HR Alert addresses the following topics:
  1. U.S. Supreme Court Declines to Rule on Contraceptive Coverage Decisions
  2. U.S. Supreme Court Ruling Revises Statute of Limitations on Constructive Discharge Claims
  3. EEOC Doubles Poster Violation Penalty Fine
  4. EEOC Provides Guide for Using Leave as a Reasonable Accommodation under ADA
  5. California Businesses Now Have Time to Fix Accessibility ADA Violations
  6. California Paid Sick Leave Coverage Expanded to In-Home Workers
  7. Los Angeles, CA Doubles Paid Sick Leave, Effective July 1, 2016
  8. Santa Monica, CA’s Paid Sick Leave Implementation Delayed to 2017
  9. Georgia: Franchisors are not Employers of Franchisees or Franchisees’ Workers
  10. Many Tennessee Employers Soon Required to Use E-Verify
  11. Vermont Passes Ban-the-Box Legislation

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