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? Continue reading
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. Donaldson referred to him as “Jackie,” a reference to Hall of Famer Jackie Robinson.
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 coincides with where the company does business. Continued employment is sufficient consideration, and if the agreement is too broad, the judge can reform it.
Those days may be ending soon. Continue reading
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 that, perhaps, the main objectives of this legislation aren’t just pay stubs, but something else entirely.
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. Continue reading
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 ways. Continue reading
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. Continue reading
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). Continue reading
Yesterday, a tech company announced that a Virginia jury had awarded it the biggest damages award in state court history. It was an employment case.
Hopefully, I have your attention. Continue reading
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