Labor & Employment Law Update

A recent United States Supreme Court ruling, curtailing the use of affirmative action in higher education, will require many universities to alter their admissions processes. Affirmative action in the educational context is the use of race-conscious admissions policies that are designed to restore those who have experienced discrimination, foster diversity, […]

The Supreme Court’s 6-3 decision, 303 Creative LLC v. Elenis, issued on Friday, June 30, 2023, held that requiring a business owner to create customized wedding websites for same-sex couples would violate the business owner’s First Amendment right to free speech. This holding expands First Amendment rights for business owners […]

On June 29, 2023, the United States Supreme Court strengthened religious freedom protections for employees. The case involved a former United States Postal Service (USPS) mail carrier, Gerald Groff, an evangelical Christian who requested accommodations to observe the Sabbath by not working on Sundays. For a time, USPS did not […]

Federal legislative change typically means Congressional debate and approval.  While the National Labor Relations Act (the “Act”) has been around since the 1930s, neither Congress nor the National Labor Relations Board (the “Board”) has ever sought to manage non-compete agreements through the Act.  Historically, the enforceability of non-compete provisions has […]

On June 13, 2023, in its Atlanta Opera decision,[1] the National Labor Relations Board (“NLRB”) returned to an Obama era standard for defining independent contractors. It’s now easier for the Board to classify workers as employees.  Why does it matter?  Employees are protected under the National Labor Relation Act (“NLRA”), […]