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NLRB delays representation-case procedures direct final rule effective date to May 31

March 25th, 2020

By Pamela Wolf, J.D.
The final rule, issued without notice and comment, upended the Obama-era rule that was promulgated through the public scrutiny process.
On March 24, the National Labor Relations Board announced that it is postponing the effective date, from April 16, to May 31, 2020, of its final rule modifying [Read more...]

SCOTUS rules Section 1981 demands a but-for causation pleading standard,

March 25th, 2020

By Joy P. Waltemath, J.D.
Under Section 1981, a plaintiff has the burden of showing that the plaintiff’s race was a but-for cause of its injury, and that burden remains constant over the life of the lawsuit—including at the pleading stage.
In a case arising outside the employment context but with big [Read more...]

March 27 EEOC webinar will address COVID-19’s intersection with federal EEO laws

March 25th, 2020

By WK Editorial Staff
Questions emailed by 9:00 p.m. (ET) on Wednesday, March 25, will be considered for comment during the webinar.
The EEOC announced on March 23 that it will publicly post an online webinar addressing questions arising under any of the federal equal employment opportunity laws and the COVID-19 pandemic to its [Read more...]

House COVID-19 appropriations bill would expand relief for workers and their families

March 25th, 2020

By Pamela Wolf, J.D.
The bill would expand paid leave relief, OSHA protections, retirement security, and workforce training.
As the third phase of COVID-19 relief is stalled in the Senate, the House has in the meantime released its own legislation, the Take Responsibility for Workers and Families Act, H.R. 6379, which has been [Read more...]

FCRA disclosure document may contain ‘concise’ explanation of what consumer report entails, how it will be obtained

March 24th, 2020

By Kathleen Kapusta, J.D.
The appeals court also held that employers are not required by the FCRA to provide applicants with an opportunity to discuss their consumer reports directly with the employer.
Addressing an issue of first impression under the FCRA, the Ninth Circuit held that beyond a plain statement disclosing “that a consumer report may be [Read more...]