The 11th Circuit has spoken on a topic with divergent views among the circuits – finding that Title IX does not provide an implied right of action for sex discrimination. In so doing, it affirmed summary judgment for the...more
If your company is named in a new lawsuit or receives a EEOC charge, part of your review process should include checking to see if the filing complainant or plaintiff has a pending bankruptcy action. If so, the next step is...more
Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize? The NLRB said yes for a...more
7/19/2023
/ College Athletes ,
Department of Labor (DOL) ,
Employees ,
Graduate Students ,
Independent Contractors ,
NLRB ,
Private Schools ,
State Labor Laws ,
Student Athletes ,
Student Employees ,
Unions
Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more
2/16/2023
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Dog-Friendly Workplace ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Healthcare ,
Hospitals ,
Nursing Homes ,
Reasonable Accommodation ,
Service Animals
With historically low unemployment rates, attracting and retaining top talent can be a challenge for employers. To distinguish themselves from the pack, many companies are considering tuition assistance programs to both...more
When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more
10/19/2021
/ Appeals ,
Appellate Courts ,
Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Wage and Hour
COVID-19 vaccinations in the workplace are obviously a hot topic, especially in light of President Biden’s recent proposal that employers with 100 or more employees mandate vaccination or weekly testing. Most vaccine...more
Do you typically include a “no rehire” clause in your settlements with soon to be former employees? How about agreements with other companies that you will not “poach” each other’s employees? If your answer to either of those...more
With the explosion of remote work arrangements during the COVID-19 pandemic, employers are more likely to have remote employees who live in different states. A company should examine whether it is actually subject to...more
Your former employee sues you, but your employee-plaintiff filed for bankruptcy. You diligently research the bankruptcy filings and discover the employee did not disclose the lawsuit against you in those filings, which are...more
Could the Department of Labor (DOL) and Department of Education (DOE) possibly merge in the near future? President Trump thinks so and recently announced his desire to combine the two departments into a single federal agency...more
7/10/2018
/ Agency Consolidation ,
Class Action ,
Colleges ,
Department of Education ,
Department of Labor (DOL) ,
Educational Institutions ,
Employees ,
Legislative Agendas ,
Students ,
Trump Administration ,
Universities