Pork Restrictions Going to SCOTUS

Earlier this week, the Supreme Court of the United States (SCOTUS) agreed to hear a case challenging a set of California restrictions on animal housing. Approved by voters in 2018, Proposition 12 banned the production or sale in California of pork and other animals raised using conventional animal husbandry methods. Currently, 96 percent of the…

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SCOTUS Blocks Large Employer Mandate!

Yesterday, the Supreme Court of the United States (SCOTUS) ruled that the employer mandate imposed by the Biden administration exceeds the authority of the Occupational Safety and Health Administration (OSHA) putting an end to the vax or test mandate. The decision comes just days after the mandate technically took effect on January 4, although the…

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SCOTUS Hears Vaccine Mandate Today

The Supreme Court of the United States (SCOTUS) will hold a special session today, January 7, 2022, to hear oral arguments on the large employer vaccinate-or-test mandate of the Biden administration. You’ll recall that the Appellate Court for the 5th Circuit Court had previously issued a temporary restraining order against the mandate back in November.…

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SCOTUS to Judge Final Round

The final round in the heavyweight fight over a couple of the Biden vaccine mandates – including the OSHA Emergency Temporary Standard (ETS) for private employers with 100 or more workers – is set to be argued before the Supreme Court of the United States (SCOTUS) on January 7. In taking up the issues, the…

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SCOTUS Limits Union Access

Speaking of important court decisions, the Supreme Court of the United States (SCOTUS) rendered one a few weeks ago that can have major repercussions on unionizing efforts moving forward. The case stems from a 1975 state regulation implemented in California that allowed union organizers to enter an agricultural employer’s private property for the purpose of…

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Court Validates Salary History Consideration

According to a federal District Court in Virginia, the use of salary history in employment decisions is a reasonable – and legal – tool for employers to consider in making employment decisions. Early this month, the court applied a precedent set by the Fourth Circuit Court of Appeals (Spenser v. Virginia State University) versus a…

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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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