Employers

56 ABA Journal Employers articles.

SCOTUS will decide whether allowing union access to property is unconstitutional taking
The U.S. Supreme Court on Friday agreed to decide whether allowing union organizers to access private property for part of the year amounts to a physical taking of property that violates the Fifth Amendment.
Gig economy companies hope to expand upon California labor law win

Gig economy companies hope to leverage their recent California ballot measure victory to usher in laws across the country classifying their workers as independent contractors, and some experts say they have the momentum to succeed on that front.

Bankruptcy filings decreased by 21% in the past year, but trouble might lie ahead
Bankruptcy filings decreased by 21.1% in the year ending Sept. 30, largely driven by a decrease in nonbusiness bankruptcies.
Are businesses liable to ill family members of workers who contract COVID-19?
Do businesses have an obligation to those who have never been at a worksite? Courts have split on the issue, which will likely be raised in new lawsuits alleging that negligence led workers to become ill and pass on the COVID-19 virus to family members.
A top SCOTUS contender, Amy Coney Barrett is likely to draw scrutiny for decisions on abortion, campus sex assault
Considered one of the top contenders for a U.S. Supreme Court nomination, U.S. Circuit Judge Amy Coney Barrett is known as a conservative who shows a strong deference to religious values.
Afternoon Briefs: Bill Gates Sr. dies at 94; federal judiciary seeks $500M for better security

Bill Gates Sr., lawyer and ABA Medal winner, dies at 94

Lawyer and 2009 ABA Medal winner Bill Gates Sr. has died at age 94. Gates was a name…

Insurers rack up early wins in lawsuits over COVID-19 ‘business interruption’ coverage
Court decisions on "business interruption" coverage are so far favoring insurers as they fight claims for lost income during the COVID-19 pandemic.
A flood of age discrimination lawsuits is expected from COVID-19 and the economic downturn

The novel coronavirus pandemic has raised unprecedented legal questions for U.S. employers and employees who are older than 40 or who have a medical disability. Labor and employment attorneys say they are receiving a flood of complaints and questions about layoffs, firings and recalls to the workplace.

In opinion by Trump appointee, 5th Circuit upholds firing of DA employee over political differences
A Texas district attorney did not violate the First Amendment when he fired the coordinator of his crime victims unit because of political disagreements, the 5th U.S. Circuit Court of Appeals at New Orleans has ruled.
Employee urine samples taken by ‘direct observation method’ don’t invade privacy, state supreme court rules
The Ohio Supreme Court ruled 4-3 on Wednesday that an employee can’t sue for invasion of privacy when an employer uses the “direct observation method” to collect a urine sample for drug testing.
Judge doesn’t have qualified immunity for alleged sex harassment, 3rd Circuit says
A federal appeals court has ruled that a Pennsylvania judge does not have qualified immunity for allegedly coercing a probation officer into sexual relations and continuing to harass her when the relationship ended.
Law firm teams up with Canadian legal tech company on AI-powered case prediction tool

Labor and employment law firm Fisher Phillips has partnered with Blue J Legal Inc. to bring the Toronto legal tech company’s AI-powered technology, which predicts court outcomes in the employment law arena, to the United States.

Afternoon Briefs: Boston Marathon bomber wins death penalty appeal; what’s in the GOP coronavirus bill?

Appeals court overturns Boston Marathon bomber’s death sentence

A federal appeals court has overturned the death sentence for convicted Boston Marathon bomber Dzhokhar Tsarnaev. The 1st U.S. Circuit Court…

How effective are liability waivers in the age of the novel coronavirus?

As businesses reopen, the practice of asking customers to sign COVID-19 liability waivers is increasing throughout the United States, but it is uncertain how much weight those waivers will carry in court. And if the businesses aren’t complying with safety guidelines concerning COVID-19, they may still be found liable.

Chemerinsky: Gorsuch wrote his ‘most important opinion’ in SCOTUS ruling protecting LGBTQ workers

There are many important implications to the U.S. Supreme Court’s stunning decision June 15. “It certainly is the most important opinion” written by Justice Neil M. Gorsuch since coming on to the court three years ago, writes law dean Erwin Chemerinsky.

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