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Employer Law Blog

We address issues, cases and matters of statutory and regulatory compliance of employment law that can impact a business' growth and profitability.

Employer Law Blog
July 29, 2021

Highlights of 2020-2021: An Analysis of Crucial Case Decisions Reshaping Labor & Employment Law

The United States Supreme Court issued four pertinent decisions during the 2020-2021 year related to labor and employment law.  In one decision, the Court offered guidance regarding the clarity of arbitration agreements and the issue of an arbitrator’s authority to decide whether employer-employee disputes are subject to mandatory arbitration.  Following the 5th Circuit’s ruling that the Affordable Care Act’s individual mandate setting the penalty for not buying health insurance to zero was unconstitutional, the Supreme Court in the second decision determined the individual and state plaintiffs nevertheless lacked standing to challenge the mandate given they had no fairly traceable injury to the unlawful conduct.  

Employer Law Blog
June 17, 2021

Employer’s Beware: The Supreme Court Narrowly Interprets Computer Fraud and Abuse Act

In Van Buren v. United States, the Supreme Court handed down its first major decision construing the Computer Fraud and Abuse Act. In general, the CFAA sets criminal and civil penalties for unauthorized access to a computer. The CFAA identifies two ways of violating the statute, "access without authorization" and "exceed[ing] authorized access". 

Employer Law Blog
January 4, 2021

The Sun Sets on 2020 – and the FFCRA

As we finally closed out 2020, the required leave provisions of the Families First Coronavirus Response Act (FFCRA) also came to a close. However, the Department of Labor issued two new FAQ’s on its website (FAQ 104 and 105), clarifying that if an employee has not exhausted their FFCRA leave prior to January 1, 2021, a covered employer may elect to voluntarily extend the employee’s deadline to do so through March 31, 2021.