James G. Ryan

James G. Ryan

Cullen and Dykman LLP

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Latest Publications


Class Action Age Discrimination Case Against Google Moves Forward

A software developer in California recently prevailed in a key ruling regarding her lawsuit against Google. The developer, Cheryl Fillekes, originally brought a suit against the multinational technology company in 2015,...more

10/24/2016 - ADEA Age Discrimination Class Action Class Certification Corporate Counsel Corporate Culture Discrimination EEOC Employment Discrimination Google Hiring & Firing Internet Job Applicants Search Engines Software Developers Technology Sector

U.S. Supreme Court Declines to Hear O’Bannon v. NCAA

The U.S. Supreme Court recently decided not to hear the National Collegiate Athletic Association’s (“NCAA”) appeal of the O’Bannon case, a class-action lawsuit that was filed by the former UCLA basketball star and other...more

10/24/2016 - Antitrust Provisions Appeals Basketball College Athletes Colleges Deferred Compensation Football Name and Likeness NCAA O'Bannon v NCAA Scholarships SCOTUS Sherman Act Student Athletes Tuition Universities

The EEOC Calls for Federal Judge to Continue with Sexual Orientation Discrimination Case

The Equal Employment Opportunity Commission (“EEOC”) asked U.S. District Court Judge Cathy Bissoon in the Western District of Pennsylvania to reject a motion to dismiss in a lawsuit alleging a worker was discriminated against...more

6/3/2016 - Constructive Discharge EEOC Employer Liability Issues LGBT Motion to Dismiss Obergefell v. Hodges Sex Discrimination Sexual Harassment Sexual Orientation Discrimination Title VII

U.S. Department of Education and U.S. Department of Justice Issue Dear Colleague Letter Addressing Protections for Transgender...

On May 13, 2016, the U.S. Department of Justice and the U.S. Department of Education issued a Dear Colleague Letter (the “Letter”) addressing civil rights protections for transgender students under Title IX. The Letter is...more

5/20/2016 - Activist Dear Colleague Letter Educational Institutions Gender Discrimination Gender Identity LGBT Reasonable Accommodation Restroom Legislation Sexual Harassment Sexual Orientation Discrimination Students Title IX Transgender

The Rise of “Reverse Title-IX” Lawsuits – Do Colleges and Universities Have Anything to Fear?

Recently, Judge Gregory Woods of the Southern District of New York dismissed a Title IX lawsuit against Columbia University, asserting “reverse Title-IX” lawsuits do not constitute sex-based discrimination....more

4/5/2016 - Educational Institutions Sexual Assault Sexual Harassment Students Title IX Universities

U.S. Department of Education to Publish List of Institutions Requesting Title IX Waivers

The U.S. Department of Education (the “Department of Education”) announced last week that it will publish a searchable database that lists the names of higher education institutions that have applied for and/or have received...more

3/11/2016 - Educational Institutions FOIA LGBT OCR Religious Exemption Sex Discrimination Title IX

Students Sue University of Central Florida for Data Breach

Recently, students and employees of the University of Central Florida (the “University”) filed a proposed class action lawsuit in Florida federal court against the University alleging that the University failed to adequately...more

2/22/2016 - Class Action Data Breach Educational Institutions FERPA Personally Identifiable Information Popular

New Federal Bill Seeks to Limit Use of Arbitration Agreements

Earlier this month, U.S. Senator Patrick Leahy (D-Vt.) introduced a bill, titled “Restoring Statutory Rights and Interests of the States Act of 2016,” that would limit the use of arbitration agreements in civil rights cases,...more

2/22/2016 - Arbitration Agreements Federal Arbitration Act NLRB Proposed Legislation

Proposal Introduced in New Jersey to Raise Minimum Wage to $15

Recently, New Jersey State Senate President Stephen Sweeney (“President Sweeney”) announced that he will attempt to gradually increase the state minimum wage to $15 an hour vis-à-vis a state constitutional amendment....more

2/22/2016 - Minimum Wage Proposed Legislation Wage and Hour

EEOC Plans to Target Gender Pay Gap by Collecting Pay Data from Large Employers

On January 29, 2016, nearly seven years after the Lilly Ledbetter Fair Pay Act was enacted into law, the U.S. Equal Employment Opportunity Commission (the “EEOC”) announced a proposed revision to the Employer Information...more

2/22/2016 - Comment Period EEO-1 EEOC Fair Pay Act Gender-Based Pay Discrimination OFCCP Reporting Requirements Wage and Hour

New York State’s New Pregnancy Accommodation Law Takes Effect

As of January 19, 2016, the Protect Women from Pregnancy Discrimination bill is in effect in New York. The bill, which was signed by New York State Governor Andrew Cuomo in October 2015, requires employers to provide...more

2/8/2016 - ADA FLSA New Legislation NYSHRL PDA Pregnancy Discrimination Reasonable Accommodation

NCAA Allows Student-Athletes to Remain Eligible When Gauging NBA Career

Earlier this month, the National Collegiate Athletic Association (the “NCAA”) issued a rule change to allow student-athletes to test their draft status with the National Basketball Association (“NBA”) without losing their...more

2/2/2016 - Amateurism Rules Basketball NBA NCAA Sports Student Athletes

Interest Groups Support NCAA’s Anti-Felon Policy on Appeal

Recently, three interest groups filed an amicus brief to support the National Collegiate Athletic Association’s (“NCAA”) policy that bars anyone who has been convicted of a felony from coaching in NCAA-certified high school...more

1/15/2016 - Coaches Disparate Impact Felons NCAA School Sports Title II

California Federal Judge Rules Title IX Covers Sexual Orientation Discrimination

In December, 2015, a federal judge in California ruled that discrimination based on sexual orientation violates Title IX, broadly interpreting the statute that prohibits sex discrimination in colleges and universities....more

1/8/2016 - Educational Institutions EEOC NCAA Sexual Orientation Discrimination Title IX

OSHA Fines May Increase More Than 80% In 2016

The recent budget Congress passed included a provision that allows the Occupational Safety and Health Administration (“OSHA”) to raise its fines, which has not been adjusted since 1990....more

11/24/2015 - Enforcement Actions Fines OSHA Safety Precautions Workplace Safety

Committee Passes Bill to Veto NLRB’s New Joint-Employer Standard

Recently, the House Education and the Workforce Committee approved the Protecting Local Business Opportunities Act (the “Bill”) with a 21-15 vote. This Bill was introduced as a response to the National Labor Relations Board’s...more

11/24/2015 - Browning-Ferris Industries of California Inc. Hiring & Firing Joint Employers NLRB Staffing Agencies

Suspended Student Sues Penn State University Alleging New Sexual Misconduct Investigative Procedures Violate Due Process

Last week, a federal judge in Pennsylvania granted injunctive relief to a student who was suspended from Penn State University (the “University”) for alleged sexual misconduct. Specifically, the judge issued an order...more

11/9/2015 - Deportation Disciplinary Proceedings Due Process Sexual Conduct Title IX

With the Ninth Circuit’s O’Bannon Decision, The NCAA Must Comply With Antitrust Laws

Last year, in O’Bannon v. National Collegiate Athletic Association, et al., Ed O’Bannon, a former All-American UCLA basketball player, along with nineteen others, filed an antitrust class action suit against the National...more

11/9/2015 - Antitrust Litigation Class Action Compliance Name and Likeness O'Bannon v NCAA SCOTUS Sherman Act

Governor Cuomo Issues Executive Order Prohibiting Transgender Discrimination in New York State

On October 23, 2016, Governor Andrew Cuomo (“Governor Cuomo”) exercised his executive power to expand the New York State Human Right Law to include protections for transgender individuals. The announcement came during the...more

10/29/2015 - Comment Period Discrimination Employment Discrimination Employment Policies Gender Discrimination Gender Identity Harassment Human Rights LGBT NYHRL Transgender

Second Circuit Holds Facebook “Likes” Protected by NLRA

Recently, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) released a summary order and held that an employee’s “like” on Facebook can be protected by the National Labor Relations Act (“NLRA”)....more

10/26/2015 - ALJ Appeals Collective Bargaining Facebook Hiring & Firing Income Taxes NLRA NLRB Payroll Taxes Protected Concerted Activity

Court of Appeals Rules that Kansas University Cannot Expel Accused Student for Off-Campus Sexual Misconduct

To what extent can an institution discipline a student for off-campus behavior directed at another student vis-à-vis the Internet? This issue was addressed in a recent case involving the University of Kansas (the...more

10/26/2015 - ACLU Colleges Criminal Mischief Disciplinary Proceedings Education Code Educational Institutions Expulsion Internet OCR Online Platforms Sexual Harassment Students Title IX Universities

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

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