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Practical pieces about employment law trends and how companies can stay compliant with quickly changing regulations and case law. A recent focus is how Legal should handle #MeToo and accusations of harassment and discrimination.
By JJ Johnston | February 26, 2024
Despite the new test spelled out in the law, courts continued to apply the three-part McDonnell Douglas burden-shifting test to whistleblower retaliation claims. They continued to do this until 2022, when the California Supreme Court finally laid down the law of the land.
6 minute read
By Chris O'Malley | February 23, 2024
The automaker argues that the racial discrimination lawsuit suffers from "factual vacuity." Separately, it has asked the court to stay the case, asserting the agency skipped a required "conciliation" process in a mad rush to to outshine the California Civil Rights Department, which had filed its own suit.
5 minute read
By Melissa R. Chandy | February 23, 2024
Calculating AWW is fairly straightforward when an injured worker has one job and was injured while working at that job. But what about when that worker is juggling multiple jobs?
8 minute read
By Charles Toutant | February 23, 2024
"If the legal community's going to cancel out diverse perspectives, that's not the right way. And that's what ... happened to me," former McCarter & English associate William D. Brown Jr. said.
7 minute read
By Allen A. Shoikhetbrod and Jared Cook | February 23, 2024
Two recent events may mark the end of the "frequency-of-pay" litigation that has hit New York employers in recent years. It is important to look at the background surrounding the uptick in pay frequency claims, the Second Department's decision and Governor Hochul's Executive Budget Proposal, as they could have major implications for employees and employers in the years to come.
6 minute read
By Helene R. Hechtkopf | February 23, 2024
For a lawyer in the position of trying to defend against an ancient sexual assault allegation, this article provides some suggestions on how to collect the evidence necessary to defend a case of this nature:
6 minute read
By Monica Delgado and Jonathan Harris | February 23, 2024
Recent coverage of Elon Musk's public compensation negotiations with the Tesla board of directors has put the spotlight on the art of negotiating executive pay. Lawyers advising clients in similar negotiations must bring both an understanding of the law and awareness of the behavioral factors in play to negotiate a legal deal that satisfies all parties.
8 minute read
By Pascal Mayer and Greg Demers | February 23, 2024
New York City has amended its Human Rights Law, Title 8 of the Administrative Code, to prohibit discrimination in employment, housing and public accommodations based on an individual's height and/or weight. It now includes height and weight in its long list of protected characteristics that cannot be used to discriminate against employees.
9 minute read
By Joshua S. Bauchner and Jed M. Weiss | February 23, 2024
Governor Hochul signed a bill into law with significant implications for employers impacting both the employee hiring process, and employees generally speaking. Specifically, it prohibits employers from requiring the disclosure of private, personal social media account information.
6 minute read
By Michael H. Masri and Katarina Thallner | February 23, 2024
This article, written by litigators, is intended to inform drafters of the need for clearly delineated rights to indemnification, on one hand, and fee advancement on the other. It surveys New York's interpretation of Limited Liability Company Law §420 and identifies considerations for both indemnification and fee advancement.
6 minute read
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