Federal Same Sex Marriage Act Becomes Law
On Dec. 13, 2022, President Joe Biden signed into law the Respect for Marriage Act, which mandates federal recognition of same-sex marriages. The law also prohibits states from refusing to recognize out-of-state marriages on the basis of sex, race, ethnicity or national origin. In addition, the statute officially voids the Defense of Marriage Act, which defined marriage as only between a man and a woman.
Biden Signs “Speak Out Act”
This new legislation follows the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which went into effect in March 2022, to permit individuals with sexual harassment or assault claims who entered into pre-dispute arbitration agreements or pre-dispute joint-action waivers to reject those agreements.
NLRB Decision Expands Damages for Unfair Labor Practices
The National Labor Relations Board (“NLRB”) issued a decision on Dec. 13, 2022, that broadens the scope of make-whole remedies available against an employer for violations of the National Labor Relations Act. Such make-whole remedies now include “compensating [charging parties] for direct or foreseeable pecuniary harms resulting from [the employer’s] unfair labor practice.” Examples of these remedies cited by the NLRB include, among others:
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