“Deference” “Upheld.”

By Bill Wright The Supreme Court’s decision today on “Auer” deference leaves life in the legal trenches untouched.  See Kisor v. Wilkie, No. 18-15 (S.Ct. June 26, 2019)  Under Kisor, when a regulatory agency issues a rule that is really, truly, ambiguous, and the agency subsequently has an appropriate occasion to think about the rule […]

NLRB Says Organizer Access to Public Spaces is Not on the Menu

By John Alan Doran Over thirty-five years ago, the NLRB held that an employer may not prohibit a union organizer’s access to an employer’s privately owned, but publicly accessible areas, such as an employer’s public restaurant or cafeteria, unless the organizer engages in “disruptive” conduct.  A long line of subsequent Board decisions confirmed this rule.  […]

New Paid Leave Law in Nevada

By Lindsay H. S. Hesketh Beginning on January 1, 2020, Nevada will require private employers with 50 or more employees to provide their employees with paid leave. Covered employers must allow employees to accrue paid leave at a rate of .01923 hours for each hour worked.  Employees can begin using their accrued paid leave on their […]

Nevada Adds Marijuana Screening Protection for Job Applicants

By Matt Hesketh A Nevada law that goes into effect on January 1, 2020, will make it unlawful for Nevada employers “to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the test indicate the presence of marijuana.” The law expressly does not […]

EEOC Right to Sue Fiasco Ends in Whimper, Not a Bang

By John Alan Doran The EEOC settled a lawsuit challenging its issuance of some 54 “Right to Sue” notices involving BNSF Railway.  Law 360 reports that the case settled when the EEOC agreed to set aside the Right to Sue notices.  BNSF sued the EEOC, claiming that the EEOC violated the Administrative Procedures Act (“APA”) […]

Marijuana Extracts Protected for Arizona Cardholders

By Matt Hesketh The Arizona Supreme Court recently ruled that the Arizona Medical Marijuana Act allows cardholders to possess and use marijuana resin and extracts, including forms with concentrated levels of THC like hashish.  Although the case involved a criminal prosecution, the takeaway for employers is that AMMA’s protection extends beyond dried marijuana flowers to […]

SCOTUS Limits Common Title VII Defense

By: John Alan Doran The U.S. Supreme Court ruled today that a plaintiff’s failure to properly perfect an EEOC charge is a “prudential” defense to a Title VII claim, which may be waived by the employer’s failure to promptly raise the defense in litigation.  Fort Bend County, Texas v. Davis (June 3, 2019).  Davis filed […]