On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new guidance announcing that fully vaccinated people generally do not need to wear a mask or physically.
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Last week, the Fifth Circuit issued a reminder that although the Supreme Court’s recent landmark decision in
Bostock v. Clayton County held that the sex discrimination prohibited under Title VII includes discrimination on the basis of sexual orientation or gender identity, one thing
Bostock didn’t do was change the legal elements required to prove discrimination. As before, a plaintiff asserting discrimination won’t get far unless they allege their employer treated them worse than individuals outside their protected class.
The Fifth Circuit’s reminder accompanied the court’s rejection of a lawsuit filed by Elijah Olivarez, a former T-Mobile retail associate who identifies as transgender. Olivarez apparently stopped showing up for work in September 2017 to “undergo egg preservation and a hysterectomy.” Olivarez retroactively requested a leave of absence, which T-Mobile approved. T-Mobile later agreed to e
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On May 3, 2021, the National Labor Relations Board (“NLRB” or the “Board”) found that the employer’s policy barring workers from recording conversations with their colleagues did not violate the National Labor Relations Act (the “Act”). The Board’s decision further clarified how its analysis under
Boeing Co., 365 NLRB No. 154 (2017), providing three categories, should be applied in evaluating workplace rules and policies.
The employer was alleged to have violated the Act by maintaining a work rule stating, “employees may not record telephone or other conversations they have with their co-workers, managers or third parties unless such recordings are approved in advance by the legal department.” The ALJ held that the policy’s ability to serve the company’s interests was outweighed by how it interfered with workers’ Section 7 rights. The Board, however, overturned the ALJ’s decision, holding, �
CinemaBlend
I have been a fan of George A. Romero ever since I first watched
Night of the Living Dead late one night at a friendâs house growing up. My obsession only continued to grow and reached new heights in high school when I was introduced to
Dawn of the Dead, and it was pretty much over for me at that point.
So you can imagine how excited I was when I read a May 2021 article in The Hollywood Reporter about plans to revive George A. Romeroâs
Twilight of the Dead, a project that the horror icon first started working on prior to his 2017 death. And while the movie is still in the very early stages of development, it seems to be very much alive (or at least undead) thanks to directorâs widow, Suzanne Romero, and a group of horror writers who helped expand the original treatment. There is still much to be worked out before the movie sees the light of day, but I have more than enough reasons to be excitedâ¦
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In a previous post, we talked about California shifting gears to the so-called “ABC test” for determining whether a worker is an employee or independent contractor in a law called “AB-5.” Compared to California’s previous standard, the ABC test classifies far more workers as employees. However, a provision in AB-5 says that where the ABC test can’t be applied in a particular context because a court says so California’s former “
Borello” standard kicks back in.
Perturbed by the Golden State’s maneuver, the California Trucking Association an industry group representing motor carriers that hire independent owner-operator truckers challenged AB-5, arguing the new test can’t be applied to its carriers because a federal deregulation statute the Federal Aviation Administration Authorization Act (FAAAA) expressly preempts state laws “related to a price, route, or service of any motor carrier . . . with re