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 ...
February 13, 2018Philip Gordon
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.
January 5, 2018Philip Gordon
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 ...
December 6, 2017Philip Gordon
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 ...
November 25, 2017Philip Gordon
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 ...
October 18, 2017Philip Gordon
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 ...
October 2, 2017Philip Gordon
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 ...
September 18, 2017Philip Gordon
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 ...
August 5, 2017Philip Gordon
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. ...
July 24, 2017Philip Gordon
Medical marijuana has been legal for use by “qualified patients” in Massachusetts since 2012, and has been equivalent to using any other prescription medication since. For the first time, the Massachusetts courts have ruled that “qualified patients” under the Medical Marijuana Act (which does not provide specific disability discrimination ...
July 17, 2017Philip Gordon
A Federal Court in North Carolina has conditionally certified a nationwide class action lawsuit under the Fair labor Standards Act for the 18,000 drivers who opted out of Uber’s arbitration clause. The case challenges Uber’s classification of its drivers as independent contractors. If you’re working in a job where you’re ...
July 12, 2017Philip Gordon
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, ...
July 7, 2017Philip Gordon
The Department of Justice just switched sides, and now supports class action waivers. For the past few years, the DOJ has defended the national Labor Relations Board’s position that class action waivers violated the NLRA and were unenforceable. No more. In a brief filed with the Supreme ...
June 19, 2017Philip Gordon
This morning, the Department of Labor withdrew its guidance on independent contractors and joint employment, a move business groups expect will result in fewer individuals covered by the Fair Labor Standards Act. The guidance was issued under the Obama administration and set forth an economic realities test intended to resolve significant ...
June 7, 2017Philip Gordon
The Massachusetts House passed a bill today intended to protect pregnant workers. Now, we wait for the Senate. Pregnant workers face daunting challenges from their employers. Today, the Massachusetts House to a strong step to protect those individuals from discrimination and other problems. (View Article) If you're pregnant or planning a ...
May 10, 2017Philip Gordon
Something to consider as we gear up for college sports. (View Article)
May 2, 2017Philip Gordon
"Fox News may force arbitration for anchor in discrimination suit" View Article
April 29, 2017Philip Gordon
Are you suffering from bias of any kind at work?? If so, give us a call. (View Article)
April 12, 2017Philip Gordon