18th State Enacts CROWN Act

The Creating a Respectful and Open World for Natural hair or CROWN Act continues to win favor with state legislatures across the country and Massachusetts became the latest this week as Governor Charlie Baker signed H.4554 into law on Tuesday. The legislation, which has now been adopted in 18 states around the country, was first…

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Court Resets Minimum Wage

A Michigan Court of Claims judge ruled this week that lawmakers violated the Michigan state constitution back in 2018 when they passed a pending ballot petition and then amended it to a format more to their liking. A provision in the state constitution, known as the adopt and amend provision seemingly allows the legislature to…

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DC Tip Credit Again Headed to Ballot

It seems to be the issue that just won’t go away, but the District of Columbia Superior Court has dismissed a lawsuit challenging the validity of signatures gathered to certify Initiative 82 for the November ballot. The suit was filed by a local bartender who wants to continue to collect tips rather than be paid…

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EEOC on Algorithm Employment

In the face of the proliferation of algorithmic decision-making in all facets of business, it was only a matter of time until the government got more involved in regulating or policing its use. Enter the Equal Employment Opportunity Commission (EEOC) with its first guidance on algorithmic decision making in employment and the discrimination that can…

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Trio of New Employment Laws

A trio of new laws took effect on July 1 in the state of Tennessee of which employers in the Volunteer State need to be aware. The laws address race-based discrimination, Veteran’s Day and the physical or mental deficiencies of workers. First off, the Creating a Respectful and Open World for Natural Hair (CROWN) Act…

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SCOTUS Punts on ABC Test

Having just completed what arguably was one of its most consequential sessions in recent history, the Supreme Court of the United States (SCOTUS) announced last week that it was going to pass on a challenge to California’s AB5. The law, which was enacted back in 2019, codified a 2018 state court decision (Dynamex Operations v…

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Family Friendly Frisco?

Also coming a bit later next month – July 13, 2022 effective date – are new amendments passed by the San Francisco Board of Supervisors recently that imposes additional requirements on employers in the City by the Bay. The Family Friendly Workplace Ordinance (FFWO) gave employees the right to request “flexible or predictable work arrangements”…

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NLRB Reversing Precedent for Unions

There’s almost enough fodder to make NLRB activities a weekly feature in Small Regular No Sugar! and this week is no exception. A recent Advice Memorandum from NLRB General Counsel Jennifer Abruzzo laid out a number of changes that she wants made to Board precedents relating union access to employer property. Specifically, the General Counsel…

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Court on Religious Accommodation

A recent decision by the U.S. Circuit Court of Appeals for the Third District, provides a bit more clarity as to an employer’s obligations to make a reasonable accommodation for an employee’s religious observations and beliefs. In the matter of Groff v DeJoy, Groff had advised his employer the US Postal Service that his religious…

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NLRB Redefining Union Election Loss

In an egregious display of pro-union bias, the National Labor Relations Board is seeking to force Starbucks to bargain at a stored that rejected organizing under the union! Back in December of last year when the unionizing effort began, employees at the Starbucks store in Hamburg outside of Buffalo voted 12-8 against unionizing the store…

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