Reversing its precedent called Grutter, the Supreme Court, in a decision split along political lines, rejected affirmative action. The majority held that Grutter had permitted affirmative action only temporarily, requiring that such programs have an end date. To manage these concerns, Grutter imposed one final limit on race-based admissions programs. At some point, the Court […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-06-30 11:28:002023-06-29 11:35:35Supreme Court prohibits affirmative action at undergraduate college level
In The Atlanta Opera, Inc., the NLRB reversed its Trump-era precedent SuperShuttle (2019) regarding independent contractors and returned to its Obama-era precedent FedEx II. No longer will the Board be guided by whether the putative independent contractor has a significant “entrepreneurial opportunity” in the relationship. Under this new (old) standard the Board, the Board found that makeup artists, […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-06-29 14:29:082023-06-22 14:37:11NLRB returns to stricter pre-Trump era independent contractor test
In Groff v. DeJoy, the Supreme Court revised the undue hardship test for religious accommodations under Title VII. Both the ADA and Title VII have an undue hardship test. Title VII requires employers to reasonably accommodate an employee’s religious beliefs, unless the accommodation would pose an undue hardship on the employer. The ADA has similar […]
https://l2slegal.com/wp-content/uploads/2017/05/logo-orig.png00Bill C. Bergerhttps://l2slegal.com/wp-content/uploads/2017/05/logo-orig.pngBill C. Berger2023-06-29 11:16:252023-06-29 17:26:56Supreme Court revises undue hardship test for religious accommodations under Title VII
The DOL has issued a Field Assistance Bulletin under FLSA’s PUMP Act. The PUMP Act is a federal law that applies in addition to any state laws. The PUMP Act requires workers be allowed reasonable breaks to express, for up to one year after the birth of a child, in a private space, not a […]
In Beasley v. O’Reilly Auto Parts, the Eleventh Circuit rejected the argument that failing to accommodate a disabled employee under the Americans with Disabilities Act is itself actionable. The court held that a plaintiff must also prove that he suffered an adverse employment action affecting the terms, conditions or privileges of employment, such as discharge, […]