The Labor & Employment Blog provides employers with breaking news, insights, and legal analysis on the wide range of labor and employment issues facing employers and businesses. While the Blog provides a general summary of regulation updates, it is not intended to be, and should not be relied upon as, legal advice. The labor & employment attorneys at Chamberlain Hrdlicka stand ready to counsel employers on the issues they face.
Larry Carbo, Shareholder and Co-Chair
Diana Perez Gomez, Shareholder and Co-Chair
Julie Offerman, Shareholder
Kellen Scott, Shareholder
Leslie Tan, Senior Counsel
Elizabeth Feeney, Associate
AmyJo "AJ" Foreman, Associate
Chamberlain Hrdlicka Blawgs
On August 18, 2023, the Fifth Circuit Court of Appeals delivered a much-awaited decision that broadens the scope of potential liability for employers under Title VII of the Civil Rights Act. For about thirty years, the Fifth Circuit has applied a more restrictive standard for disparate-treatment liability under Title VII’s anti-discrimination provision—requiring an employee to prove alleged discrimination in connection with an “ultimate employment decision,” such as hiring, granting leave, discharging, promoting, or compensating. No more. The en banc Fifth ...
On August 2, 2023, the National Labor Relations Board (“NLRB”) changed the standard for deciding whether an employer’s workplace policy is lawful. In the recent Stericycle decision, the NLRB issued a split ruling reversing a Trump-era standard that made it easier for employers to defend workplace policies against claims that the policies deter employees from exercising their rights under Section 7 of the National Labor Relations Act (“NLRA”). Among other rights, Section 7 of the NLRA guarantees most non-managerial employees the right to engage in “concerted ...