Blog Posts in 2017

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Exploited Immigrant Workers Compensated for Serious Mistreatment

If you pay attention to the news at all, you have no doubt read about immigrant workers being taken advantage of by employers of all types. These workers are often at a serious disadvantage for two ...
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Employee's Request for Lateral Transfer to Avoid Discrimination Denied

You may not think that denying an employee a request for a lateral transfer could be unlawful discrimination, but it depends on the situation. In a recent case filed in New Jersey, a Hispanic employee ...
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Former Tuscaloosa Police Officer Faces Pregnancy Discrimination and Retaliation

Most women in the workplace are at least familiar with the basic protections of the Pregnancy Discrimination Act, especially those who are already parents or who want to be. In addition to protecting ...
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An Example of a Lowered Performance Review as Evidence of Discrimination

A recent employment discrimination case against Verizon demonstrates how a lowered performance rating can be sufficient to establish unlawful discrimination and/or retaliation in the workplace. This ...
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Sexual Harassment and its Damaging Effects on Employees

Sexual harassment claims are typically based on unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Yet, there are many cases out there ...
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Telecommuting May Not Be a Reasonable Accommodation

The Americans with Disabilities Act requires employers to make reasonable accommodations to qualified applicants or employees known to have a disability. A reasonable accommodation is basically an ...
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Strategies for Overcoming Employee Non-Compete Agreements: Part 2

Non-compete agreements, in the employment context, are meant to protect the interests of the employer. When a company shares its ideas and business practices with its employees, which is inevitable, a ...
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Strategies for Overcoming Employee Non-Compete Agreements: Part 1

Many employees have been faced with the decision of whether to sign a non-competition agreement when they start a new job. It has become pretty common for employers to require new employees to sign ...
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How to Keep Your Employer Honest About Job Offers and Benefits

As an employee, you may have just received an offer from a current or potential employer that you believe may be too good to be true. It might be. But, if you get everything in writing you will be ...
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An Example of Non-Compete Agreements and Their Consequences

A Non-Compete Agreement or Covenant Not to Compete, in the employment context, is an agreement to refrain from entering into or starting a similar trade or profession that would be in competition ...
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An Example of Non-Compete Agreements and Their Consequences

A Non-Compete Agreement or Covenant Not to Compete, in the employment context, is an agreement to refrain from entering into or starting a similar trade or profession that would be in competition ...
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Will Congress Pass Legislation to End Forced Arbitration?

Starting a new job often means being required to sign a huge stack of documents. In many cases, that stack includes an arbitration agreement of some kind that you are required to sign if you want the ...
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Vicarious Liability and the Definition of a Supervisor

When it comes to liability in employment cases, one theory of recovery is that the company may be held responsible for the actions of its employees, but only if certain conditions are met. This is ...
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How Employers Should Respond to Sexual Harassment Complaints

You may have heard about the sexual harassment case involving Taylor Swift. Although it was not your typical employment discrimination claim, as Taylor Swift was a third-party and not an employee, it ...
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Can Your Employer Fire You for Attending a Political Rally?

In light of the recent tragedy in Charlottesville, First Amendment Rights and employment rights have converged all over the country. Following reports of several people who were caught on camera ...
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Male Applicant Brings Sex Discrimination Case

There are a few situations of discrimination where an employer can raise a successful defense to a claim of employment discrimination, including sex discrimination claims. In a recent case filed by ...
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Is One Racial Slur Ever Enough to Sue for Employment Discrimination?

In order for there to be a case of workplace harassment, it “must be severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or ...
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Is My Employer Subject to the Anti-Discrimination Laws?

There are different criteria used to determine whether a particular employer is subject to federal anti-discrimination laws. One of those criteria is the number of employees an employer has. The Age ...
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Employment Discrimination Based on Medical Marijuana Use

A relatively novel issue arose in a recent state court case in Massachusetts involves allegations of employment discrimination based on medical marijuana use and disability accommodation. After being ...
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Mixed-Motive Proof and FMLA Retaliation

What some employers may not realize is that, even when there is no direct evidence of retaliation, an employer typically has the ultimate burden of proving it did not engage in retaliation. A Third ...
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When a Disability Accommodation Might Violate the Law

Claims against the Department of Transportation (DOT) for accommodating an employee’s disability by reassigning him to a position with less opportunity for promotion might have been a violation ...
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Immigration-Based Discrimination Claims Against Popular Food Chain

Panda Express, which has more than 1,800 restaurants across the country, has recently settled a claim of immigration-related discrimination brought by its employees. The company was under ...
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Important Changes at the Department of Labor Under the Trump Administration

Employers will certainly be happy with the new developments at the Department of Labor. President Trump’s appointment of a new Labor Secretary, Alexander Acosta, has brought about a few ...
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Recent Case Suggests that Attorney Litigation Strategies May Be FLSA Retaliation

The issue addressed in a recent Ninth Circuit case was whether the litigation strategies of an attorney representing an employer in an FLSA suit can serve as the basis for a retaliation claim. ...
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Pizzeria Settled Discrimination Suit Against Hispanic Employees

A recent case out of New York once again highlights the illegality of English-only rules and hostile work environments based on nationality. A New York pizzeria allegedly subjected its Hispanic ...
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