Last week’s election saw five states approving ballot measures to raise the minimum wage . Beyond that, there has been no shortage of speculation about what the congressional “regime change” will mean for various aspects of our governance and policies. In the National Law Review, Barnes and Thornburg look at What A Republican Senate May Mean for the NLRB. Robin Shea says that Tuesday’s GOP “shellacking” may not change much for employers and explains why in a post at her blog, Employment & Labor Insider.
While folks were still processing election results, on Friday, we learned that a challenge to Obamacare will be taken up by the Supreme Court, a move that surprised even many legal experts. While conventional wisdom held that the Affordable Care Act could reach the Supreme Court again at some point, most though that the higher court would defer action until challenges played out in lower courts. Lyle Denniston of the SCOTUS Blog reports on Friday’s decision: Court to rule on health care subsidies. For a quick overview, Ezra Klein at Vox offers this: The huge new threat to Obamacare, explained in 2 minutes. The upshot: Obamacare is in peril. Healthcare policy analyst Jonathon Cohn offers his take: Obamacare Returns to the Supreme Court. Hold on to your hats.
Other news of note
The NLRB creates another test for Independent Contractor Status
Michael Halberman, Omega HR Solutions
“In a big move to restrict “misclassification” of employees as independent contractors the USDOL and the IRS have been stringent is applying the rules for determining independent contractor status. Now the National Labor Relations Board (NLRB) has weighed in on the fray and added an additional factor.”
Implicit Bias: A Brave New World
Michael Fox, Jottings By An Employer’s Lawyer
“Implicit bias as a concept has been bubbling around the world of employment discrimination for a few years now. Although the fact that Google is seriously studying the issue as it applies to its own workforce may not mean that the concept is now main stream, I do think it means it is an issue that we will be hearing more about.”
Is Your Dress Code Legal?
Bridget Miller, HR Daily Advisor
“Many businesses find it appropriate to implement a dress code to ensure that everyone within the organization dresses appropriately and to a companywide standard. But the way an individual chooses to dress is a very personal decision, and an employee’s choice of clothing is one that can involve many factors, including the cost of the clothing, religious observations, cultural influences, and more. How far is too far when a company requires employees to wear (or not wear) specific attire? What legal considerations must an employer take into account?”
Realizing the power of talented women
Michelle Angier and Beth Axelrod, McKinsey Quarterly
In 2010, eBay embarked on a journey to bring more women into its top ranks. It found that commitment, measurement, and culture outweigh a business case and HR policies.
Brief takes

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