Employment Law

Legal Recourse for Employment Discrimination on the Basis of Weight

Discrimination on the basis of weight is rampant in society. Yet only one state, Michigan, explicitly prohibits weight-based discrimination. Two other states, Massachusetts and New York, are currently considering bills that would prohibit discrimination on the basis of weight. Meanwhile, approximately 41.9% of adults in the United States are obese, and research indicates that overweight and obese people experience workplace…

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The Speak Out Act: Another Step Forward in the Battle Against Sexual Assault & Sexual Harassment in the Workplace

On Thursday, September 29, the Speak Out Act passed in the Senate with bipartisan support. If it passes in the House and is signed into law by President Biden, it will be another important step toward holding perpetrators of workplace misconduct accountable. Following the passage of the Ending Forced Arbitration of Sexual Assault and Harassment Act of 2021 (the Ending…

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Which Employer Actions Qualify as “Adverse Employment Actions” for a Retaliation Claim?

Rarely when faced with an employee’s opposition to discrimination or other unlawful activity do employers fire the employee by telling them, “I am firing you because of your opposition to my unlawful activity.” Employers are usually subtler when they want to stop employees from speaking up. For example, they may change an employee’s job duties,[1] place a negative letter in…

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Rights for Employees Returning to Work

Now that the pandemic seems to be winding down, many employers are considering if it is the right time to ask their employees to return to work. But with COVID laws and regulations still in effect, as well as existing disability, discrimination, and whistleblower laws, the answer to this question is complicated. At we understand that protecting your health at…

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H.R. 4445: Congress Bars Forced Arbitration of Sexual Assault and Sexual Harassment Cases

Attorneys at along with many other commentators (and, unfortunately, a number of forceful judicial dissents), have written extensively about how arbitration has been distorted and manipulated to deprive employees and other individuals of their legal rights and remedies and prevent them from holding companies fully accountable for unlawful conduct. Now, after years of stalled efforts in Congress, H.R. 4445 represents…

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Adjusted for Inflation, the Federal Minimum Wage at Lowest in Decades

In December 2021, The Brookings Institution released portions of a study that revealed what the wage increases given to frontline workers at 13 “household name” companies actually mean in the bigger economic picture. At Amazon, for instance, the average hourly wage went up 17 percent, from a pre-Covid-19 pandemic $15.75 in January 2020 to $18.50 by October 2021. Employees at…

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The Silenced No More Act Provides a Long-Overdue Expansion of Rights to California Employees

On January 1, 2022, a California law went into effect that, among other developments, prohibits nondisclosure agreements (NDAs) that keep employees quiet about the discrimination they have suffered in the workplace. The state legislature passed the bill, known as SB 331 or the Silenced No More Act, on October 7, 2021. What Does the Silenced No More Act Do? SB…

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New Yorkers Gain New Legal Protections Headed into 2022

In the last days of 2021, New Yorkers scored several legislative victories expanding legal protections for workers across the City and State. Below, our employment law attorneys explain the types of changes that will be enacted under the new laws in 2022. Legal Protection for Domestic Workers First, the State finally recognized what employment and labor laws have too often…

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