On Monday, I blogged about a weekend incident in which New York Yankees third baseman Josh Donaldson and White Sox shortstop Tim Anderson in which Mr. Anderson claimed that Mr. Donaldson referred to him as “Jackie,” a reference to Hall of Famer Jackie Robinson. Mr. Donaldson admitted calling Mr. Anderson…
In a unanimous decision, the Supreme Court ruled yesterday that federal courts may not adopt an arbitration-specific waiver rule demanding a showing of prejudice. Huh? Before translating legalese into plain English, I want to apologize to those expecting the follow-up to yesterday’s post about what Major League Baseball should do…
During the third inning of Saturday’s game between the Chicago White Sox and the New York Yankees, Yankees’ third baseman Josh Donaldson and White Sox shortstop Tim Anderson had to be separated after an exchange of words (and some earlier in the game) in which Mr. Anderson claimed that Mr.…
It was perfect timing, really. A few hours after yesterday’s “New Jersey is back doing New Jersey things, like trying to kill restrictive covenants” post went live, two of my partners at FisherBroyles reaffirmed that California will always be the true OG with this article, “California Employers, Are You Prepared…
For one of the most employee-friendly states in the country, the current state of play in New Jersey for restrictive covenant agreements like non-competes and non-solicits is employer-friendly. Although your mileage may vary by judge, most will enforce reasonable contracts of up to two years with a geographical footprint that…
Last week, the House and Senate introduced a bill called the Wage Theft Prevention and Wage Recovery Act. One of the bill’s primary goals is to ensure that workers receive timely regular paystubs and final paychecks. That seems non-controversial. But as you read deeper into the proposed legislation, you’ll find…
Yesterday, I read many headlines, like this one in The Guardian: “Calling a man ‘bald’ is sex-related harassment, employment tribunal rules.” Is it, though? Let’s take a closer look. First off, let’s dispense with a giant disclaimer. This decision is from an English Employment Tribunal, an independent tribunal that makes…
In this Friday post, I shared some technical guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice to help employers navigate the Americans with Disabilities Act when using software, algorithms, and artificial intelligence to assess job applicants and employees. But employers using hiring software can discriminate in other…
More employers now are using software, algorithms, and artificial intelligence to make smarter hiring decisions. There’s nothing inherently unlawful about that. Except, consider this. Maybe the algorithm intentionally or unintentionally “screens out” an individual with a disability, even though that individual can do the job with a reasonable accommodation. Tangentially, an…
His claims were so old that they predate the Americans with Disabilities Act of 1990. Let’s see how his ADA lawsuit turned out. (Spoiler alert: Not well). I’d been meaning to blog about this Sixth Circuit decision for a while. Here are the relevant facts: In 1980, the plaintiff suffered…