Zelle LLP

Employment Law Navigator – Week in Review: August 2016 #5

Last week, we were reminded of the impact of the Department of Labor’s Wage and Hour Division enforcement activities. The agency announced that National Freight, Inc. will pay more than $1,000,000 in back wages to 359 workers…more
| Agriculture, Civil Rights, Education, Labor & Employment Law, Science, Computers, & Technology

Questioning 2nd Circ. Analysis in Aluminum Antitrust Case

In a painstaking dissection of the “inextricably intertwined” standard often used by courts to determine whether plaintiffs can show they suffered “antitrust injury” if they neither purchased from, nor competed with, a…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Commercial Law & Contracts, Constitutional Law

HR Tech and the Law: An Update

Over the past two years, we at the Navigator have been fascinated with all the new technology showing up in the workplace. We’ve repeatedly cautioned employers about the risks of adopting technology before understanding and…more
| Civil Rights, Communications & Media Law, Labor & Employment Law, Science, Computers, & Technology

Employment Law Navigator – Week in Review: August 2016 #4

Last week, a federal judge dismissed a transgender discrimination lawsuit brought by the EEOC, citing the company owner’s religious beliefs and the Religious Freedom Restoration Act. The case involved the termination of a…more
| Civil Rights, Labor & Employment Law, Science, Computers, & Technology

The Government Focus on Pay Equity

Wage gaps between the genders and among the races, although smaller than they were decades ago, remain significant in the United States. Among full and part-time workers, the median wages of women are 83% of the median wages of…more
| Civil Rights, Labor & Employment Law

Employment Law Navigator – Week in Review: August 2016 #3

Last week, Vanity Fair reported that the ongoing settlement talks between Gretchen Carlson and Roger Ailes may contemplate a settlement payment in the eight-figure range as more and more women claim sexual harassment by the…more
| Civil Rights, Labor & Employment Law, Privacy, Science, Computers, & Technology

More Mythbusting

Here at the Navigator, we were very pleased by the positive reaction to last month’s post about employment law myths that can get employers in trouble, and we’re glad it was helpful. Although the inaccurate beliefs described…more
| Civil Rights, Government Contracting, Labor & Employment Law

Recognizing and Managing Disparate Impact Issues

The law recognizes two forms of unlawful discrimination. The most familiar is disparate treatment, in which an employee’s protected class status is a motivating factor in an adverse employment action. A less familiar, and…more
| Civil Rights, Constitutional Law, Labor & Employment Law

Employment Law Navigator – Week in Review: August 2016 #2

Last week, Massachusetts became the first state to prohibit employers from asking about salary history before offering a candidate a position. The law is designed to help close the gender wage gap. Supporters argued that gender…more
| Civil Rights, Labor & Employment Law, Science, Computers, & Technology

A Worrying Insurance Trend: Litigation, No Cooperation

An alarming trend is emerging in the first-party insurance claims process. This new approach attempts to dispose of the traditional claims process in favor of an abbreviated process (if any) followed immediately by litigation…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Employment Law Navigator – Week in Review: August 2016

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support that…more
| Civil Rights, Labor & Employment Law, Science, Computers, & Technology

DMEC Conference Focuses on Leaves and Reasonable Accommodation

Last week, the Disability Management Employer Coalition held its annual conference in New Orleans. The conference focused on how employers can bring individuals with disabilities into the workplace and manage their needs once…more
| Civil Rights, Health, Labor & Employment Law, Science, Computers, & Technology

Employment Law Navigator – Week in Review: July 2016 #5

Pokemon Go has taken the world by storm. Last week, several blogs discussed what employers can do to limit the effect of the game on the workplace. HR Morning advised looking at information technology and social media policies…more
| Civil Rights, Labor & Employment Law, Science, Computers, & Technology

Contra Proferentem Doesn’t Always Mean ‘Against the Insurer’

Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where the…more
| Commercial Law & Contracts, Insurance

Managing Politics and Social Issues at Work

This is a time of intense politics and troubling news. The headlines – and the strong feelings they generate – inevitably affect the workplace. Managers and HR professionals often end up moderating political arguments and…more
| Constitutional Law, Labor & Employment Law
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