SCOTUS Confirms Protection for LGBTQ Workers

Early this week, the Supreme Court of the United States (SCOTUS) issued a decision extending anti-discrimination protections in the workplace to gay and trans-gender employees. In a 6-3 decision written by Justice Neil Gorsuch, the court confirmed that federal law protecting employees from harassment or discrimination on the basis of sex extends to include both…

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SCOTUS Expands I-9

In a 5-4 decision along ideological lines this week, the Supreme Court of the United States (SCOTUS) expanded the potential use I-9 information for the potential prosecution of state crimes as well. The 1986 Immigration Reform and Control Act (IRCA), which created the I-9 form, states that the information “may not be used for purposes…

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House Seeks Tighter Age Discrimination

The US House this week gave bi-partisan approval to the Protecting Older Workers Against Discrimination Act (POWADA) by a wide margin. On a vote of 261 – 155, the House cleared the legislation and sent it along to the Senate. The bill, HR 1230, seeks to restore protections that were eliminated by the US Supreme…

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Use of I-9 Information Before SCOTUS

The Supreme Court of the United States (SCOTUS) heard oral arguments this week on a case coming out of Kansas relating the use of information taken from the I-9 Form. Kansas v Garcia involves three restaurant workers who were charged by the state of Kansas with identity theft based on fraudulent information included in state…

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California Snubs SCOTUS Decision

Earlier this year, the Supreme Court of the United States (SCOTUS) ruled in the Epic Systems decision that mandatory arbitration agreements containing class action waivers were legal provisions of an employment agreement. Notwithstanding that decision, on a vote of 25-12, the California state senate approved AB 3080 and sent it to Governor Jerry Brown this…

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NLRB Reaffirms ALJ Appointments

Speaking of the NLRB and decisions by Administrative Law Judges (ALJs), last week the Board unanimously ruled that its process for appointing administrative law judges falls in line with a recent Supreme Court decision on the subject. In Lucia v. SEC , SCOTUS found that the process used by the Security and Exchange Commission for…

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Janus Decision Hitting Public Employee Unions Hard

Public employee unions around the country must now comply with SCOTUS’ Janus decision, prohibiting the collection of “fair share” fees from employees that choose not to belong to the union. In direct response, some of the larger public unions in the nation are losing big money causing the unions to rethink their priorities. A couple…

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After Janus, Union Withdraws Right to Work Challenge

The recent decision by SCOTUS in the Janus case, where the court ruled that public employees could not be forced to pay fair share fees to public employee unions is already having an impact on private sector unions. In Idaho last week, the International Union of Operating Engineers (IUOE) asked the US Court of Appeals…

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Trump Changes ALJ Hiring Process, Dems Object

In the wake of a SCOTUS decision decided just a few weeks ago (Lucia v Security & Exchange Commission) where the court ruled administrative law judges (ALJs) were in fact, “officers of the United States” and hence subject to the appointments clause in the Constitution, President Trump ordered the hiring process for ALJs changed. In…

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SCOTUS Stealing The Headlines

Our democracy is predicated on the three branches of government being equal in power, but over the past week or so, the judiciary – and the US Supreme Court in particular – has sucked all the power out of the room! Most recently, the court’s decision in the Janus case (which we cover below) has…

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