Articles Posted in Blog

Every single attorney general just signed a letter to congress demanding the end of mandatory arbitration agreements. See letter to Congress. While the letter is limited to sexual harassment claims, this is a stunning development and signals a strong shift. As the Attorneys General noted: “While there may be benefits to arbitration provisions in other…

The DOL has made it easier for employers to avoid paying interns by abandoning their six-part test for distinguishing between interns and employees. The updated fact sheet was released today. You may view it here.

A bipartisan group of lawmakers is supporting legislation that would eliminate forced arbitration clauses in employment agreements. (View Press Release) This bill is in its infancy, and currently bans only arbitration of sexual harassment. We have no doubt that much more work will be done on this, and we are working with legislators on the…

In its latest ruling under the New York City Human Rights Law (NYCHRL), New York’s highest court clarified the standard for plaintiffs to obtain punitive damages. In a landmark ruling, the Court held that “the standard for determining punitive damages under the NYCHRL is whether the wrongdoer has engaged in discrimination with willful or wanton…

No surprise. Corporate sexual harassment trainings simply don’t work. A study form the University of Oregon found that, “Without a morally compelling legal core to animate the purpose of the training and provide coherence to the rules, harassment training becomes a hollow exercise in corporate compliance. The experience of attending a standard harassment training eventually…

The Supreme Court heard oral arguments in three cases that may fundamentally shift the workplace, by ruling whether or not employees wronged by their employer can band together and sue on a class action basis. There is a deep divide among courts over mandatory arbitration clauses, especially in the three cases argued today. The cases…

Eight individuals, including two current professors, have filed complaints against Dr. Florian Jaeger, who is now taking the semester off. Senior Lindsay Wrobel is among those who have complained about Dr. Florian, and she intends to continue on a hunger strike until the university removes Florian. “My individual education matters less in my opinion than…

After a long battle, pregnant worker protection finally passes. Discrimination law has always protected pregnant workers, but that duty to accommodate pregnancy was narrow, leaving workers without ability to get breaks, to temporarily avoid hazardous positions or to get help with manual labor. Employers may still deny accommodations if the employer would suffer undue hardship,…

Across the country, employers are requiring employees to sign agreements waiving any right to be part of a class action. These class action waivers have been the subject of substantial litigation as the stakes are high on all sides, and Courts across the country have given varied opinions. Some of that will soon come to…

Dodd-Frank protects individuals who provide “information relation to violation of the securities laws to the [SEC].” The SECC rules issued in 2011 interpret those protections to cover individuals who make disclosures internally, as well as directly to the SEC. The Second and Ninth Circuits agree with the SEC, and the Fifth Circuit disagrees. The case,…