June 2018 Newsletter

In a significant win for employers, the United States Supreme Court has issued a landmark decision upholding the use of class action waivers in employment arbitration agreements.  This ruling permits employers across the country to enforce individual arbitration agreements with employees, even where the agreement requires an employee to pursue legal claims on an individualized, rather than class or collective, basis. Background The Court’s...
After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. States are considering legislation ranging from additional sexual harassment training, to protecting employees...
On May 9, 2018, the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), and the U.S. Equal Employment Opportunity Commission (EEOC) released their spring 2018 regulatory agendas. There were a few surprises. The NLRB announced for the first time that it may consider rulemaking to resolve the legal standard governing joint employment. The NLRB’s 2018 spring agenda identifies a notice of proposed rulemaking (NPRM) for a...
I'm gonna say no. But yes, if you believe Katherine Goldstein of The New York Times. In "The Open Secret of Anti-Mom Bias at Work," she provides an anecdote about a female, feminist boss -- of all people -- who fired a pregnant employee based on her perception that the employee was "distracted" by the pregnancy and insufficiently "committed" to her job. Ms. Goldstein also cites a handful of pregnancy discrimination cases where the...
When an employment discrimination case goes into litigation, two of the very first things an attorney will want to see is the charge of discrimination that was filed by the employee and the response that was provided by the employer. If the employer initially responded to the investigating agency without the help of legal counsel, mistakes or oversights may have been made during the administrative phase that can affect the case’s overall...
What a moron. One of the oldest tricks in the book for trying to foil a drug test is to get someone else's "clean" sample of urine and substitute it for your own, "dirty," sample. There's only one problem with that trick -- the testing facilities are all onto it. And have been since, roughly, 1993. It's standard operating procedure for the testing facility to check the temperature of the sample. If the sample is room temperature instead...