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Age Discrimination › Wage and Hour

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +
Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age.  less -
Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Constangy, Brooks, Smith & Prophete, LLP

Hiring discrimination claims: 5 ways to stay out of hot water

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Learn from a real employer's mistakes. Imagine this scenario: You are advertising for an open position. You get three applicants: •Applicant 1 meets or exceeds all of your requirements. •Applicant 2 fails to meet your...more

Constangy, Brooks, Smith & Prophete, LLP

“Show Me the Money”: Pay equity and transparency in the workplace

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Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

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Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

Constangy, Brooks, Smith & Prophete, LLP

Preferred pronouns and the aging workforce

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What takes priority? There was a social media storm this week after a large non-profit organization terminated a volunteer after the volunteer questioned the point of having preferred pronouns in signature blocks. The woman...more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

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The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Jackson Lewis P.C.

Evaluating Evaluations in the Manufacturing Workplace

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Like all employers, manufacturers tend to hold strong opinions about the use of performance reviews and evaluations in the workplace. Whether performance reviews make sense for a given manufacturer usually requires an...more

Constangy, Brooks, Smith & Prophete, LLP

Constangy’s Top 5 Employment Law Articles of 2023

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The world of employment law is ever-changing, and 2023 was no exception. Keeping up with the latest developments can be daunting, but it's necessary for professionals across all industries. That's why we've compiled a list of...more

Constangy, Brooks, Smith & Prophete, LLP

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

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You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

Tonkon Torp LLP

Using AI to Facilitate Employment-Related Processes Carries Risk

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Artificial Intelligence (AI) is everywhere and is being used in virtually all industries. A survey by the Society for Human Resource Management last year found that almost 25% of employers use AI to make employment-related...more

Constangy, Brooks, Smith & Prophete, LLP

Respect your elders.

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It's the law. Did you know that this Monday, August 21, is National Senior Citizens' Day? Neither did I. But it is! How are you going to spend National Senior Citizens' Day? I was thinking about playing shuffleboard,...more

Brownstein Hyatt Farber Schreck

Colorado’s New Job Application Law Prohibits Age-Related Inquiries

Brownstein Hyatt Farber Schreck on

Colorado employers should take heed to update their initial job applications, including online forms, to comply with Colorado’s new “Job Application Fairness Act,” codified at C.R.S Section 8-2-131. The new requirements went...more

Rivkin Radler LLP

The Employment Law Reporter - Summer 2023

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Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more

Fisher Phillips

The 9 Things Colorado Employers Should Do After Lawmakers Pass Batch of New Workplace Laws

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The Colorado legislature has been busy this season passing new employment laws, adding to your compliance obligations in a big way. We reviewed the key workplace laws that Colorado Governor Jared Polis signed into effect and...more

Constangy, Brooks, Smith & Prophete, LLP

Whose text is it, anyway? Maybe yours!

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Must an employer preserve business-related text messages between employees using their personal cell phones? Can a judge punish an employer for failing to do so? According to a federal judge in Texas, the answer to the first...more

Constangy, Brooks, Smith & Prophete, LLP

Rule 1 in beating an age claim: Get your story straight.

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Inconsistencies were fatal to this employer. It's a well-established principle in discrimination law that an employer can be done in by "shifting explanations" for actions taken against an applicant or employee. A recent...more

Jackson Lewis P.C.

Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

Jackson Lewis P.C. on

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act...more

Constangy, Brooks, Smith & Prophete, LLP

I got fired at age 60. Must have been my age.

Constangy, Brooks, Smith & Prophete, LLP on

Then again, it may have been that "FU" text I sent the boss. You can't make this stuff up. For those of you who think I'm too hard on employers, today is your day. There was an excellent pro-employer decision recently...more

Rivkin Radler LLP

The Employment Law Reporter - March 30 2023

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has ruled that all five causes of action in an employment discrimination lawsuit brought by a former employee of the New York...more

Proskauer - California Employment Law

January 2023 California Employment Law Notes

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Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus - Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) - Joan Opara was terminated from her employment as an IRS revenue...more

Fox Rothschild LLP

Doing Business in California: A Guide for Employers - 2023

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The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more

Faegre Drinker Biddle & Reath LLP

State & Local Employment Law Developments: Q3 2022

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The trend of increasing workplace regulations by state and local governments continued throughout the third quarter of 2022. Although it is not possible to discuss all state and local laws, this update provides an overview of...more

Constangy, Brooks, Smith & Prophete, LLP

An OWBPA kick in the pants

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Even though the court was right, this stinks. Picture this. Your current employee is suing you for race discrimination. She's also 40 or older, but she hasn't claimed age discrimination....more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of employment law: Discrimination

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A new series. NOTE FROM ROBIN: For months, I've been thinking about doing a series of posts with very basic explanations of the federal laws that govern the workplace. I think the series would be helpful to people who are...more

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