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 […]
Labor & Employment Law Update
U.S. Supreme Court Ruling Expands Protections for Employees Receiving Religious Accommodations
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 […]
NLRB Attacks Non-Compete Agreements
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 […]
NLRB Narrows Independent Contractor Definition
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”), […]
EEOC Releases Capstone Update to COVID-19 Technical Assistance for Employers
On May 15, 2023, following the expiration of the COVID-19 public health emergency, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its current technical assistance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The EEOC’s update makes it clear the conclusion […]