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  • Blog Title: Commercial Litigation

    EEOC Sues Nursing Center for Pregnancy Discrimination

    The U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against Century Care of Laurinburg, Inc., doing business as Scottish Pines Rehabilitation & Nursing Center (“Scottish Pines”) for sex discrimination alleging that the center failed to accommodate two pregnant nursing assistants. According to the EEOC’s lawsuit, in November 2014, Mary Jacobs, was placed on unpaid […]

    Former Yale Student Found Not Guilty in Rape Trial

    A New Haven, Connecticut jury recently found a former Yale University student not guilty of raping his classmate. This much publicized case is among the small percentage of campus sexual misconduct cases that have actually made it to trial. In 2015, Yale University student, referred to as Jane Doe, accused Saifullah Khan of raping her […]

    California Supreme Court finds GrubHub Drivers to be Independent Contractors

    Recently, in a very telling decision, a federal Magistrate Judge found that drivers for GrubHub Inc. (“Grubhub”) are independent contractors and not employees. In doing so, U.S. Magistrate Judge, Jacqueline Corley, found that gig-economy drivers do not qualify for the protections of employees under California state law. Employee Raef Lawson, brought this claim against Grubhub, […]

    Second Circuit finds Title VII protects against Sexual Orientation Discrimination

    Last week, the Second Circuit held that Title VII, which protects against discrimination in the workplace on the basis of sex, includes discrimination on the basis of sexual orientation. Notably, the Second Circuit is only the second court in the country to do so. While Title VII forbids discrimination in the workplace based on “race, […]

    Getting Ahead of the EEOC’s New Sexual Harassment Guidelines

    The Equal Employment Opportunity Commission (“EEOC”) recently announced that it would be updating its guidelines on workplace sexual harassment for the first time since the 1990s. The announcement comes on the heels of the “Me Too” movement and at a time when sexual harassment is squarely in the public spotlight. Within the past few years, […]

    Is Your Sexual Harassment Training Working?

    The majority of companies today provide some form of sexual harassment training for their employees. This training is intended to help eliminate, or at least reduce, workplace sexual harassment by educating employees on what constitutes sexual harassment and how it can be prevented. However, studies have shown that sexual harassment training is actually not as […]

    New York State Paid Family Leave and Minimum Wage Updates for 2018

    New York Paid Family Leave As of January 1, 2018, New York private employers must offer Paid Family Leave to their employees. The Paid Family Leave Act allows workers to take paid leave in order to: care for a new child, provide care for a family member with a serious health condition, or when a family […]

    Restaurant Chain Settles Transgender Employee’s Claim of Sexual Harassment and Retaliation

    Last month, Bojangles’ Restaurants Inc., settled a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (“EEOC”) on behalf of a transgender employee. Jonathan (De’Ashia) Wolfe, a transgender woman, worked at Bojangles’ restaurant in Fayetteville, North Carolina. Bojangles’ is a fast food restaurant chain with many locations throughout the United States. […]

    Amendments to Federal Rules of Evidence Effect ESI Authentication

    On December 1, new amendments to Federal Rules of Evidence 803(16) and 902 went into effect that are designed to change the way that electronically stored information (“ESI”) is authenticated in federal court. These amendments were made in response to growing concerns over a potential evidentiary loophole for ESI that has been stored for a […]

    The Supreme Court Hears Arguments on Collective Proceeding Waivers in Employment Arbitration Agreements

    In its first argument of the new term, the U.S. Supreme Court considered whether collective proceeding waivers in employment arbitration agreements may be enforced. The Federal Arbitration Act (“FAA”) allows employers to include arbitration agreements that require workers to bring legal claims to arbitration, rather than to court. Collective proceeding waivers are becoming a common […]