This week, U.S. Senator Patty Murray (D-WA) and U.S. Representatives Robert C. “Bobby” Scott (D-VA-03) and Jerrold Nadler (D-NY-12) reintroduced the Restoring Justice for Workers Act, which Ms. Murray describes as legislation to end forced arbitration clauses and protect workers’ ability to pursue work-related claims in court. Continue reading
Last month, I explained how easy it is for an employee to plead a discrimination claim under the Age Discrimination in Employment Act. Yet, last night, I read an opinion in which the Fifth Circuit Court of Appeals had to correct not one but two judges on the pleadings standards. Continue reading
Employers cannot interfere with employee rights under the Family and Medical Leave Act. However, the FMLA doesn’t exonerate employee misconduct, including when an employer discovers it during the leave. Continue reading
This one is a bit of a total stretch. Continue reading
A federal appellate court recently breathed new life into the discrimination claims of a tanker driver alleging that his race motivated his employer to terminate his employment for it deemed reckless driving. His evidence? His employer had treated him differently than other tanker drivers who engaged in conduct that was similar enough to his.
So, let’s explore how other employees may be similarly situated to one another in the context of a discrimination claim. Continue reading
See what you think of this. Continue reading
The Americans with Disabilities Act requires employers to make reasonable accommodations for a qualified individual with a disability unless doing so will impose an undue hardship on its business. A plaintiff who claims that their employer failed to accommodate them must initially establish that they could perform the position’s essential functions and that the employer refused to provide an accommodation.
Most courts have found that an employer’s good faith attempt to accommodate is insufficient. However, those courts will not impose liability unless the plaintiff establishes an alternative reasonable accommodation. Continue reading
Last week, the Federal Trade Commission responded to efforts by a Texas business and the U.S. Chamber of Commerce to convince a Texas federal judge to block the Federal Trade Commission’s final Non-compete Rule, which would impose a comprehensive ban on new non-competes with all workers, including senior executives. Continue reading
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