Blog Posts in 2017

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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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Telling Female Employees They Can't Excel Like Men Can Be Actionable

As long as employment discrimination lawsuits have been around, one might think that employers would have learned to stop making clearly discriminatory comments to employees. But a recent case ...
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Joint Employer Issues in Employment Cases Against Franchises

An important, and often tricky, aspect of employment discrimination claims is determining the existing employee-employer relationship. In order to properly bring an employment discrimination claim ...
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The Affordable Care Act Provides Important Whistleblower Protections

Like many federal statutes, the Affordable Care Act includes anti-discrimination and anti-retaliation protections for employees, which are particularly helpful for health care workers. Specifically, ...
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Employers Cannot Require Employees to Forego Medical Treatment

The ADA, or the Americans with Disabilities Act, prohibits employers from discriminating against “qualified” individuals with disabilities with regard to employment decisions. This ...
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Not Every Employer is Subject to the Fair Labor Standards Act

In order for an employer to be subject to the requirements of the Fair Labor Standards Act (FLSA), there are certain hoops that must be jumped through. One of those hoops is often referred to in legal ...
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How Far Can the EEOC Go in its Investigations of Employers?

When an EEOC charge is filed against an employer, the EEOC has the duty and the authority to investigate whether reasonable cause exists to believe the alleged discrimination occurred. During that ...
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What are the Most Common Discrimination Claims Filed by Federal Employees?

Our federal laws make it unlawful for an employer to discriminate against any employee based on certain recognized protected characteristics. Those protected characteristics include race and age. ...
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What Every Employee Should Know About Severance Agreements

A severance agreement, when properly executed, is a binding contract between employees and employers, created at the time an employee separates from that employer. In most cases, the employee is ...
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When I File a Discrimination Complaint with My Employer, Will it Be Kept Confidential?

Filing an employment discrimination complaint can be a stressful situation. Most employees who find themselves in this position are afraid that following through with an informal complaint may result ...
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