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In June 2022, the United States Supreme Court’s decision in Viking River Cruises v. Moriana allowed PAGA claims to be split into individual and non-individual (representative) claims, and consequently, under a valid enforceable arbitration agreement, employers could compel arbitration of individual PAGA claims. The U.S. Supreme Court’s ruling established that once individual claims are compelled to arbitration, the remaining non-individual claims should be dismissed for lack of standing. Justice Sotomayor, in her concurring opinion, warned that if the Court’s interpretation of California law as to standing was incorrect, the final authority would rest with the California courts and legislature.

Third-party job posting sites such as Indeed, Job Recruiter, etc., can be an easy and efficient way for employers to fill positions with quality candidates; however, Wisconsin employers, including out-of-state employers with job postings in Wisconsin, need to be mindful when submitting a job posting or run the risk of inadvertently violating the state’s non-discrimination law.

When the pandemic hit, many employees began working remotely. Even now, post-pandemic, many employers have maintained flexible work options for employees. With remote working increasing, many employers are grappling with new ways to create a workplace community that can flourish in the new remote work reality. One strategy is the creation of Employee Resource Groups (“ERGs”).

U.S. Supreme Court, in Viking River Cruises, Inc. v. Moriana

On June 29, 2023, the United States Supreme Court issued a unanimous opinion in Groff v. DeJoy, Postmaster General, increasing the employer’s burden to prove an undue hardship defense from the previous de minimis standard to a substantial hardship standard. Although the opinion is framed as a mere “clarification” of the Supreme Court’s 1977 decision in Trans World Airlines, Inc. v. Hardison, in practice, the law now requires employers to accommodate an employee’s religious beliefs under Title VII unless such accommodation would create a substantial hardship to the employer’s business.

It was widely reported last month—including by the Wall Street Journal and Associated Press— that the U.S. government is investigating alleged collusion by some companies to “increase the chances that their prospective foreign hires will win a coveted H-1B visa for skilled foreign workers in this year’s [visa] lottery,” as the Wall Street Journal…

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee recruitment, retention, and morale, and to help mitigate risks associated with potential disparate treatment and discrimination claims by employees.

The Paid Leave for All Workers Act, expected to be signed soon by Illinois Governor J.B. Pritzker, would require nearly all covered Illinois employers to provide employees paid leave to be used for any purpose. Illinois would be just the third state to mandate paid leave – only Maine and Nevada have similar laws.

Once signed, the Act would take effect on Jan. 1, 2024, and provide nearly all Illinois workers with a minimum of 40 hours of paid leave, or a pro rata number of hours, during a designated twelve-month period.

On January 26, 2023, the Michigan Court of Appeals reversed the lower court decision that would have gone into effect on February 19, 2023. That decision, among other items, would have increased Michigan’s hourly minimum wage to $13.03 and would have greatly expanded the state’s paid sick leave requirements. The Court of Appeals decision means that employers do not have to make changes to their paid sick leave policies that were drafted in compliance with the Michigan Paid Sick Leave Act that went into effect in 2019. Further, businesses no longer have to scramble to adjust minimum wage rates for both tipped and non-tipped workers as required under the lower court decision. Michigan’s hourly minimum wage will remain at $10.10. The tipped minimum wage remains at $3.84 an hour.