James G. Ryan

James G. Ryan

Cullen and Dykman LLP

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Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the...more

8/18/2015 - Basketball Football Gender Equity Name and Likeness NCAA O'Bannon v NCAA Right of Publicity Student Athletes Title IX UCLA

NFL Deflategate Suit: Paving The Way For Forum Shopping in Federal Court

When a plaintiff decides to bring a lawsuit, one of the most crucial decisions he has to make is which judicial forum the case should be brought in. Many people only distinguish between state and federal courts. However,...more

8/18/2015 - Arbitration Arbitration Awards Collective Bargaining Deflategate First-to-File Football Forum Shopping New England Patriots NFL Popular Tom Brady

President Obama Drafts Executive Order Requiring Paid Sick Leave for Government Contractors

On August 5, 2015, President Obama drafted an executive order that would require all employers that contract with the federal government to provide paid sick leave to individuals who are sick, seeking medical attention, or...more

8/12/2015 - Executive Orders Federal Contractors Obama Administration PTO Sick Leave Subcontractors Wage and Hour

Wal-Mart Accused of Gender-Discrimination Because of Anti-Gay Insurance Policies

In Cote v. Wal-Mart Stores, Wal-Mart is facing the possibility of a class action suit from a former employee who claims that the company’s denial of healthcare benefits to her same-sex spouse amounts to sex discrimination....more

8/4/2015 - Civil Rights Act Class Action Discrimination EEOC Employee Benefits Employment Discrimination Gender Discrimination Health Insurance Same-Sex Marriage Sexual Orientation Discrimination Spouses Title VII Wal-Mart

Second Circuit Rejects Ledbetter Application to Job Bias Cases

In a recent case, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) narrowed the scope of extended time limits offered by the Lilly Ledbetter Pay Fairness Act of 2009 (the “Ledbetter Act”). By way of...more

8/4/2015 - ADA Demotions Disability Disability Discrimination Discrimination EEOC Employment Discrimination Lilly Ledbetter Statute of Limitations Trains Wage and Hour

Employee versus Independent Contractor? New DOL Guidance Suggests that Most Workers are Employees

In the wake of recent lawsuits and administrative proceedings against Lyft, Uber and other similar companies for misclassifying employees as independent contractors, the U.S. Department of Labor (“DOL”) has provided new...more

8/4/2015 - DOL FLSA Independent Contractors Lyft Misclassification Popular Uber Wage and Hour

The Sixth Circuit Finds Complaints to Harassing Supervisor Constitute Protected Activity Under Title VII

A recent U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”) decision could have major implications for employers within its jurisdiction. In EEOC v. New Breed Logistics, No. 13-6250, 2015 U.S. App. LEXIS 6650, the...more

8/4/2015 - Compensatory Damages EEOC Employment Discrimination En Banc Review Harassment Hiring & Firing Popular Protected Activity Punitive Damages Retaliation Sexual Harassment Title VII Wrongful Termination

Obergefell Decision Opens The Door For Anti-Discrimination Litigation

On June 26, 2015, on the second anniversary of United States v. Windsor, the United States Supreme Court, in a 5-4 decision, held that under the Fourteenth Amendment no state could deny same-sex couples the right to marry or...more

7/9/2015 - Anti-Discrimination Policies Benefit Plan Sponsors DOMA Equal Protection ERISA Fourteenth Amendment Marriage Marriage Equality Obergefell v. Hodges Same-Sex Marriage SCOTUS Spouses US v Windsor

Supreme Court Rules Against Abercrombie & Fitch in Religious Discrimination Case

In a previous blog post we discussed the facts, and potential consequences of a pro-plaintiff holding in Equal Employment Opportunity Commission v. Abercrombie & Fitch Store, Inc. As a brief recap, in 2008, Samantha Elauf, a...more

7/9/2015 - Abercrombie & Fitch Disparate Impact Disparate Treatment EEOC EEOC v Abercrombie Hiring & Firing Reasonable Accommodation Religious Discrimination SCOTUS Title VII

Former Harvard Professor Files Title IX Lawsuit After Being Denied Tenure

Over the past year, an exceptional number of colleges and universities have been accused by both complainants and accused students of mishandling complaints of sexual misconduct in violation of Title IX. Now, in a somewhat...more

4/16/2015 - Adverse Employment Action Colleges Former Employee Harvard University Professors Retaliation Sex Discrimination Sexual Assault Tenure Title IX Universities

Federal Court Dismisses Accused Student’s Title IX Lawsuit Against Vassar College

Last week, a federal judge in New York (Abrams, J.) dismissed an accused student’s lawsuit against Vassar College alleging that the institution discriminated against him by failing to conduct an equitable investigation into a...more

4/10/2015 - Discrimination Dismissals Educational Institutions Gender Discrimination Informed Consent Sexual Abuse Sexual Conduct Title IX

Federal Judge Finds Michigan School District Liable for Failure to Train Staff on Title IX

Earlier this week, U.S. District Judge Paul Maloney held that the Forest Hills School District, located near Grand Rapids, Michigan, can and will be held liable for its failure to provide Title IX training to staff on proper...more

4/3/2015 - Liability Public Schools School Districts Sexual Assault Title IX Training

Federal and State Governments Respond to Recent Data Breaches and Propose New Cybersecurity Laws

Over the past few months, major retailers and Internet content providers, like Target and Sony, have been victims of massive cyber-attacks resulting in the release of customer credit card data, private corporate e-mails, and...more

3/19/2015 - Cybersecurity Data Breach Legislative Agendas Popular Proposed Legislation

New FMLA Regulations Expand the Definition of Spouse to Include Same-Sex Marriages

Rules governing family medical leave for gay couples will soon reflect the rapid changes sweeping the nation. Since the Supreme Court’s 2013 decision in United States v. Windsor, 133 S.Ct. 2675 (2013) courts across the nation...more

3/11/2015 - DOJ DOMA Employee Rights Final Rules FMLA Same-Sex Marriage Spouses US v Windsor

U.S. Supreme Court to Hear Oral Argument This Week in Abercrombie Discrimination Case

Another year has begun and it seems like the debate over Abercrombie and Fitch’s employee dress code policy shows no indication of stopping. Only this time – the U.S. Supreme Court is getting involved....more

2/25/2015 - Dress Codes EEOC v Abercrombie Hiring & Firing Oral Argument Religious Clothing SCOTUS Title VII

Rumors Of Joint Employer Liability For Frachisors Are Greatly Exagerated

Despite the hand wringing and pontifications that franchisors will now be deemed employers or joint employers of the employees of their franchisees, that is simply not the case. The long held protections enjoyed by...more

2/4/2015 - Employer Liability Issues Franchise Agreements Franchisee Franchises Franchisors Joint Employers McDonalds NLRB

Let It Snow, Let It Snow, Let It Snow: What Employers Should Remember When Bad Weather Hits

In addition to bringing nearly two-feet of snow, Winter Storm Juno has also brought a gust of wage and hour issues for employers. Unfortunately, it is likely not the last time this winter that employers will have to consider...more

2/2/2015 - Best Management Practices Exempt-Employees FLSA Non-Exempt Employees Severe Weather Wage and Hour

U.S. Supreme Court Addresses Disparate Impact Liability Under the Fair Housing Act

On January 21, 2015, the U.S. Supreme Court heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Docket No. 13-1371, a case that focuses on whether claims based on...more

1/29/2015 - ADEA Age Discrimination Commercial Property Owners Commercial Real Estate Market DHCA v Inclusive Communities Project Discrimination Disparate Impact Oral Argument Race Discrimination Residential Property Owners Residential Real Estate Market SCOTUS Title VII

Can Public Schools Ban “I Can’t Breathe” T-Shirts?

Citing safety concerns, Fort Bragg High School, a public high school located in Mendocino County CA, decided on December 26, 2014 to ban athletes from wearing t-shirts with the slogan “I Can’t Breathe” – the words uttered by...more

1/20/2015 - First Amendment Protests Public Schools Students

Department of Justice Switches Sides: Title VII Now Prohibits Transgender Discrimination

On December 18, 2014, Attorney General Eric Holder, in an unanticipated move, revised the Department of Justice’s (“DOJ”) interpretation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”),...more

1/16/2015 - Barack Obama Discrimination DOJ Employer Liability Issues Executive Orders Gender Discrimination Gender Identity Title VII Transgender

U.S. Department of Education Finds Harvard Law School To Be In Violation of Title IX

It may seem hard to believe – but even one of the most prestigious law schools in the country got mixed in the U.S. Department of Education’s recent crackdown on campus sexual misconduct....more

1/5/2015 - Department of Education Enforcement Actions Harvard Law School Sexual Assault Sexual Harassment Title IX

Rolling Stone Retracts UVA Article Detailing Alleged Gang Rape

We previously reported that on November 19, 2014, Rolling Stone published an article titled “A Rape on Campus” by Sabrina Rubin Erdely. The article offers a brutal account of an alleged sexual assault of a freshman student,...more

12/10/2014 - Publishers Sexual Assault University of Virginia

The Pregnancy Discrimination Act – Granting Equal Rights to Being Treated Poorly?

In 1978 Congress enacted the Pregnancy Discrimination Act (“PDA”) to amend Title VII of the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. Why then in 2014, over forty-five years later, is...more

12/9/2014 - Certiorari EEOC Employer Liability Issues PDA SCOTUS Sex Discrimination Title VII Young v United Parcel Service

Plaintiff’s Vacation to Hawaii was a Nightmare, or not?

What happens when your dream vacation turns into a nightmare? That’s easy; it’s America, so obviously you sue everyone who may be responsible. Sometimes, if you’re lucky, the opposing side may not comply with e-discovery...more

11/10/2014 - Evidence Hotels Marriott Slip and Fall Spoliation Video Recordings

Proposed Transgender Student-Athlete Policy Sparks Public Controversy in Minnesota

It looks like transgender students in Minnesota will have to wait a few more months to receive clarity on whether they can participate in school athletics and play on sports teams based on their preferred gender identity...more

10/21/2014 - Athletes Private Schools Public Schools School Districts School Sports Sports Students Title IX Transgender

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