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By Lauren Harris, T. Christopher Bailey on June 7, 2018 at 2:50 PM

Person decorating a white wedding cakeOn June 4, 2018, the U.S. Supreme Court released its long-awaited decision in Masterpiece Cakeshop, Ltd v. Colorado Civil Rights Commission, 584 U.S. ___ (2018), which examined whether a Colorado bakery violated that state’s Anti-Discrimination Act by refusing to bake a wedding cake celebrating a same-sex marriage ceremony. While a 7-2 majority of the court sided with the bakery, the much-anticipated decision left more questions unanswered than answered. The decision and concurring and dissenting opinions can be read here.

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By Kevin McLaughlin, T. Christopher Bailey on April 11, 2016 at 8:51 AM

A railway company and the business groups that supported its position scored a victory April 5 with the U.S. 8th Circuit Court of Appeals’ decision that obesity is not a covered condition under the Americans with Disabilities Act. The ruling is the latest to support the position that general obesity, without an underlying medical cause, does not warrant protection under the ADA.

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By T. Christopher Bailey on February 1, 2016 at 4:38 PM

A new proposal announced by the Equal Employment Opportunity Commission (EEOC) would add a requirement that employers submit data on employees’ pay ranges and hours worked on federal EEO-1 forms beginning in September 2017. Companies with more than 100 employees and federal contractors are currently required to annually submit an EEO-1 report that includes information regarding employees’ race, ethnicity and gender.

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By Katherine Fechte, T. Christopher Bailey on September 23, 2015 at 11:14 AM

The National Labor Relations Board has long held employers cannot stifle employee communications about the conditions of their employment in general handbook confidentiality clauses, but on Aug. 27, the NLRB took that prohibition one step further.

In a 2-1 decision, the board ruled The Boeing Co.’s confidentiality restriction for employees under HR investigations violated the National Labor Relations Act. (Boeing Co., 2015 BL 278958, 362 N.L.R.B. No. 195, 8/27/15.)

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By Beata Krakus, T. Christopher Bailey on August 31, 2015 at 1:16 PM

Reversing course from more than 30 years of precedent, the National Labor Relations Board significantly expanded its standard for determining when two entities constitute a single joint employer over a unit of employees. In so doing, the NLRB creates questions about a number of entity relationships such as parent corporation/subsidiary, contractor/subcontractor and franchisor/franchisee relationships.

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By Amy Blaisdell, Lauren Daming, T. Christopher Bailey on March 26, 2015 at 10:43 AM

5388576411_700edd78b2By a 6-3 majority, the Supreme Court created a potentially new standard by which employers’ accommodations given or denied to pregnant women will be judged under the federal Pregnancy Discrimination Act (“PDA”).

In Young v. UPS, the plaintiff, Peggy Young, was deemed unable to work her part-time driver position once her physician placed her on a 20-pound lifting restriction. Young was placed on an unpaid leave, and returned to work after the birth of her child; however, Young subsequently filed a lawsuit against UPS alleging the company violated the PDA in refusing to accommodate her pregnancy-related lifting restriction and not assigning her to a light duty position. 

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By Beata Krakus, T. Christopher Bailey on July 30, 2014 at 8:54 AM

franchiseIn a decision that could have far-reaching legal implications for franchisors, on July 29, 2014, the General Counsel of the National Labor Relations Board (“NLRB”) ruled that McDonald’s was a joint employer of its franchisees’ employees. This decision stems from allegations that McDonald’s and its franchisees violated employees’ rights following protests pertaining to wages and working conditions.

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By T. Christopher Bailey on May 20, 2014 at 1:34 PM

EmailThreatening to overturn current Board precedent, the National Labor Relations Board (“Board” or “NLRB”) has invited interested individuals and organizations to submit briefs addressing whether employees should have the right to use employer-provided e-mail and electronic communications systems for union organizing and any other activity protected by the National Labor Relations Act (“NLRA”). A successful effort by the Board will require both union and non-union employers to review their communications policies to ensure compliance with the NLRA.

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By T. Christopher Bailey on April 10, 2014 at 12:55 PM

College style football on field with a pile of moneyIn a decision with the potential to change the landscape of major college sports, a National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) ruled that scholarship football players at Northwestern University are employees of the university and, therefore, entitled to hold an election to decide whether or not they wish to be represented by a union. Northwestern University immediately stated its intent to appeal the ALJ’s decision, and this matter is likely to end up working its way through the federal courts, and possibly the US Supreme Court.

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By T. Christopher Bailey on March 13, 2014 at 3:15 PM

LikeFacebook-iStock_000026017919SmallFacebook, Twitter, Instagram - what better way to announce an unexpected European vacation to your friends? That is, unless the funds used for the trip are the proceeds of a settlement agreement containing a confidentiality provision. In that case, according to a Florida court, social media is definitely not your friend (Gulliver School, Inc. v. Snay, 2014 51911, Fl. Dist. Ct. App., 2/26/14).

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