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Labor/Employment

• #MeToo and Federal Law: Will the Courts Ever Catch Up?

  Despite #MeToo’s global impact, the current state of American law is clearly at odds with the cultural changes #MeToo advocates. The law’s concern is much narrower. Recent federal decisions indicate a gradual broadening in the types of...

  • Posted 7 months ago
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• The Right to Disconnect

  Since January 2017, companies in France have been under the legal obligation to comply with the “right to disconnect,” according to which employees are entitled to remain unavailable outside their working time. The law is meant to...

  • Posted 7 months ago
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  The Gig Economy Is Oversold – To Employers

  Some myths about the so-called gig economy, including one that says it’s a great deal for employers...

  • Posted 8 months ago
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• Respectful Investigation of Sexual Misconduct

  A company’s immediate reaction to sexual harassment allegations should include defining an investigation and communications strategy that takes into account the elevated risk profile of such claims. But a company must also exercise restraint and refrain from...

  • Posted 10 months ago
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• Investigations Post #MeToo

  Employers, employment attorneys and investigators must consider several factors when they outline a process for a sexual harassment investigation. With respect to scope, determine if the harassment claims will be separately investigated even if there is some...

  • Posted 10 months ago
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• Ruling Limits Whistleblowers to Nuclear Option

  In February, the United States Supreme Court threw out an anti-retaliation suit brought by a former employee who was fired after internally reporting alleged securities violations. The case has overturned understanding of the test for employees to...

  • Posted 1 year ago
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• Transgender Employees and Employment Discrimination

  Title VII prevents employers from discriminating against employees based on “sex” — a term with no statutory definition and no legislative history. Following that statute’s passage in 1965, courts held that Title VII does not protect against...

  • Posted 1 year ago
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  17 Percent Of EEOC Sexual Harassment Complainants Are Male

  In a recent CNN poll, ten percent of men reported they had been victims of sexual harassment at work. The percentage of sexual harassment charges filed before the EEOC by men is even higher – 17 percent...

  • Posted 1 year ago
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  Fallout From Trump’s Affairs: The End Of The Nondisclosure Agreement?

  Two women – adult film actress/director Stephanie Clifford, aka Stormy Daniels, and Playboy model Karen McDougal – say they had sexual relationships with Donald Trump and maintain their nondisclosure agreements are invalid. This has lined up some...

  • Posted 1 year ago
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• Combating Sexual Harassment in the Workplace

  Employers can expect to see an increase in sexual harassment claims and complaints. Some may be exaggerated or involve actions that simply do not rise to the level of harassment. Some may be stale, years-old allegations that...

  • Posted 1 year ago
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