The U.S. Constitution Wasn't Always For Everyone
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This week we celebrate the United States Constitution. 233 years ago today the delegates to the Constitutional Convention signed the U.S Constitution.
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Former Bloomberg Reporter Sues, Alleging Sex And Race Discrimination
/Bias remains a barrier to workplace equity. A McKinsey study on women in the workplace found that for every 100 men promoted into their first managerial positions, only 72 women get the same opportunity.
Read MoreIn Non-Compete Litigation, The Temporary Injunction Hearing Effectively IS The Trial
/New opinion out this month in which the Fifth Circuit makes clear that, in Texas, the temporary injunction hearing effectively IS the trial in a non-compete case.
Read MoreIs Flexible Work The New Normal? Survey Says It Is Good For Mental Health
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The Covid-19 pandemic has brought us a new normal. Flexible work has gone "from being a 'nice to have' to an absolute necessity," according to a new survey of 800 employees published August 28th
Read MoreLabor Day!
/As we enjoy another Labor Day weekend, here are some quick facts about a holiday that is near and dear to our hearts here at the firm:
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1st Circuit: Employee Entitled to ADA Accommodation Even if It is Technically Possible for Him to Work Without One
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An employee who can, perhaps with some difficulty, perform the essential functions of a job without accommodation remains eligible to request and receive a reasonable accommodation.
Read MoreFormer Bloomberg Reporter Sues, Alleging Sex and Race Discrimination
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This story brings into sharp focus the challenges that women — especially non-white women — can face in the workplace.
Read MoreSettlement Report: Air Systems Inc. to Pay $1.25 Million to Settle EEOC Racial Harassment Suit
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A San Jose-based electrical subcontractor at the Apple Park construction project, Air Systems Inc. (ASI), will pay $1,250,000 to eight African American former employees and provide other relief to settle a racial harassment lawsuit
Read MoreIn Non-Compete Litigation, the Temporary Injunction Hearing Effectively IS the Trial
/The temporary injunction hearing comes fast — often within 2 weeks of service of the lawsuit. And as is made clear by the Fifth Circuit here, a decision as to whether the employee can continue to work a new job or will be barred from working due a non-compete is likely to be made at this initial hearing.
Read MoreYes, Posting About Your Settlement On Facebook Probably Violates Your Confidentiality Agreement
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Here’s a story that emphasizes the importance of complying with confidentiality language found in your settlement agreement.
Read MoreStudy Warns that Employers are Using the Covid Economic Slump to Purge Older Workers
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New research from the National Bureau of Economic Research finds that, yes, age discrimination rises hand in hand with the unemployment rate. Older workers tend to be the last hired back and the first fired.
Read MoreDishonestly Named "Safe To Work Act" Introduced by Texas' Senator Cornyn Would Give Businesses Immunity At the Expense of Employees
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Congress seeks to exploit the COVID-19 health and economic crises to gain passage of legislation that would provide broad immunity to businesses.
Read MoreTexas Needs Non-Compete Agreement Reform Now
/As states around the country pass non-compete reform and ban non-compete agreements for most employees, Texas remains a hotbed of non-compete abuse.
Read MoreLawsuit Filing: Woman Was Fired Because Her Children Could Be Heard on Business Calls
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Earlier this month, a California woman filed suit against her former employer, saying that she was fired because her young children were making noise during business calls while she was working from home because of the coronavirus pandemic.
Read MoreCan a Workplace Be Closed by Law as a Covid-19 "Public Nuisance"?
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Employees are increasingly being caught in a Catch-22 situation of wanting to return to work to earn a living but not wanting to be required to work in unsafe conditions.
Read MorePhiladelphia Becomes First U.S. City to Protect Workers Against Retaliation for Reporting Coronavirus Conditions
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Philadelphia’s city council unanimously approved a bill last week that will make it illegal for employers to fire, discipline, or otherwise retaliate against workers who speak up about unsafe coronavirus conditions.
Read MoreSupreme Court: Federal Law Protects LGBTQ Workers
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The Supreme Court ruled yesterday that an employer who discriminates against an individual on the basis of their sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964.
Read MoreBe Mr. Rogers
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In 1969, when African-American citizens in the United States were not permitted to swim in community pools along side white people, Fred Rogers brought a African-American police officer to his television show and invited him to cool his feet with him in a small, plastic wading pool.
Read MoreBlack Employees at San Antonio Construction Company’s New York Worksite Were Subjected to Racist Insults and a Noose, Federal Agency Charges
/San Antonio-based CCC Group, Inc. violated federal law when it fostered a work environment rife with racist comments and discriminatory work conditions, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed this month in New York State.
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