Employment lawyers always win war story contests at cocktail parties. Facts like the ones in Davis v. ULP provide ample fodder for those type of conversations.
The University of Louisville Physicians (ULP) hired Frank Davis as a surgical assistant. After 10 months on the job, Davis’s supervisor, Lisa Motley, met with
Guaranteed confidentiality with regard to employee disputes may be becoming a thing of the past if the current tide of legislation continues. As we blogged about several weeks ago, Congress just banned arbitration agreements for sexual harassment claims. Even more stringent than that new federal legislation, Washington and California have both recently passed a “Silenced
There has been a lot of discussion over the last few years about the joint employer test for liability under employment statutes. Whether it be Uber drivers in California or the back and forth over the Trump administration’s change of DOL rules, it can be hard to follow. This week, the Second Circuit Court of
In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a co-worker could not be the basis for his own Title VII claim that he was discriminated due to his sex. The Court
You may recall our blog post last summer recapping the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia that held discrimination based on sexual orientation is prohibited by Title VII. After that decision, we encouraged each of you to update your EEO and harassment policies, update your application forms and websites, train your
Do you typically include a “no rehire” clause in your settlements with soon to be former employees? How about agreements with other companies that you will not “poach” each other’s employees? If your answer to either of those questions is yes, you should keep an eye on some New York legislation that could impact those
The EEOC has released its annual report on discrimination charges filed across the country for the fiscal year 2020. So, how does the data line up with the 2019 data (a rundown of which can be seen here)?
Yet again, workplace discrimination charges are down – there were 67,448 new
Your former employee sues you, but your employee-plaintiff filed for bankruptcy. You diligently research the bankruptcy filings and discover the employee did not disclose the lawsuit against you in those filings, which are sworn to under oath. You might have a winner to get out of the case, right? Well, it is not quite that
Retaliation claims in employment litigation have been on the rise for years. The typical scenario has an employee reporting some sort of alleged discriminatory act, either against them or a coworker, followed by the employer taking an adverse employment action against the reporting employee. We all know that Title VII prohibits retaliation against an employee
A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor Standards Act (FLSA).
Martina McBride and her husband, John, own Blackbird Studios, which hired Richard Hanson as its operations