A class action allows a plaintiff to sue not only on his own behalf, but also on behalf of others similarly affected by a defendant’s misconduct. In the employment context, for example, plaintiffs can bring class actions...more
4/26/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS
When an employer changes its contract with an employee, the change should be communicated clearly—and preferably, in writing. Otherwise, the employer may be at risk of finding that the old terms still control.
For example,...more
3/21/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Breach of Contract ,
Employer Liability Issues ,
Employment Contract ,
Employment Terms ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
Reversal ,
Sales Commissions ,
Summary Judgment ,
Unpaid Wages ,
Wage and Hour
White male discontent has been a major media talking point since the presidential election, and even long before. This talking point has made its way into the workplace, where tech firms are now being targeted for allegedly...more
8/30/2017
/ Amtrak ,
Appeals ,
Burden-Shifting ,
Employee Transfers ,
Hiring & Firing ,
McDonnell Douglas Formula ,
Pretext ,
Reorganizations ,
Reverse Discrimination ,
Summary Judgment ,
Trump Administration
Federal law—specifically, Title VII of the Civil Rights Act of 1964—prohibits employers from discriminating against employees based on a number of protected characteristics, including sex, race, national origin, and...more
4/7/2017
/ Appeals ,
Civil Rights Act ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
Richard Posner ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Split of Authority ,
Title VII ,
Transgender