The Latest      —

August 2021

medical healthcare, indoors
California v. Texas, the Supreme Court has again upheld the provisions of the Affordable Care Act (ACA), often known as ObamaCare. A federal appeals court had ruled that ACA had originally been upheld by the Court as a tax, but subsequent legislation removed the tax penalty thus casting doubt on the validity of the individual mandate and perhaps the entir...
sticky notes, wall, indoors
In the past, the Social Security Administration (SSA) during periods of time has issued so-called "no-match letters" to employers with "at least one name and combination submitted on Form W-2 that do not "match" Social Security records. This has created difficult issues for employers as to the extent they must investigate such discrepancies, terminate emp...
The public and the courts continue to debate whether there should be religious exemptions to LGBT anti-discrimination laws. In other words, there are anti-bias laws that must be enforced, and at the same time there are religious rights that under the law generally require some accommodation. When these two issues collide, the outcome becomes difficult. 
restroom neon light
A year ago the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII outlawed workplace bias based on sexual orientation and transgender status. However, that ruling expressly left open questions on whether employers could segregate bathrooms or dress codes by sex. 
buttons on a table, indoor
Many employers do not like the idea of employees wearing pro-union shirts or buttons on the job. In the past, however, and particularly during the Obama Administration, the National Labor Relations Board (NLRB) gave employees a great deal of rights to wear union buttons and other buttons pertaining to concerted activities. More current issues concern the ...
monopoly houses on a wooden table indoors
A strong ruling for employers' private property rights was issued by the U.S. Supreme Court in June in Cedar Point Nursery v. Hassid, No. 20-107 (June 23, 2021). The Court ruled that a California regulation that gives union organizers access to workers on employers' farms violates the property rights of the owners. Chief Justice Roberts wrote the 6-3 majo...

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