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    Not All Speech in the Classroom is Protected

    The First Amendment and workplace discrimination commonly intersect when an employee claims unlawful retaliation, suspension, or termination based upon the employee’s exercise of an ostensible right to free speech and expression. Dr. Teresa Buchanan was a tenured professor at Louisiana State University where she taught in the Early Childhood Program for teacher education before she […]

    Employees Are Not Barred from Bringing Discrimination Suits Against Employers for Failing to Properly File A Charge with the EEOC

    For years, courts have been split on whether they could hear an employee’s discrimination claim if the employee failed to properly file a charge with the U.S. Equal Employment Opportunity Commission (the “EEOC”). The Supreme Court of the United States recently settled this debate. In Fort Bend County v. Davis, the Supreme Court held that […]

    Harvard’s First African-American Faculty Dean Let Go Amid Harvey Weinstein Controversy

    Following months of protest and inquiry, Harvard University announced that it will not renew the appointments of Ronald S. Sullivan Jr., a high-profile defense lawyer who had joined Harvey Weinstein’s legal team, and Stephanie R. Robinson, Sullivan’s wife, as faculty deans of Winthrop House, an undergraduate residential college. The couple – Harvard’s first African-American faculty […]

    U.S. Department of Education Releases Proposed Title IX Regulations

    On November 16, 2018, U.S. Secretary of Education Betsy DeVos released sweeping new regulations that could substantially alter how colleges and universities handle allegations of sexual misconduct. This action comes in the wake of DeVos’ 2017 revocation of Title IX guidance issued under the Obama administration, which had called for greater enforcement of Title IX, […]

    Starbucks and its Changing Policies Regarding Mandatory Training and Bathroom Usage

    On May 29, 2018, Starbucks closed 8,000 company-owned stores within the United States for one afternoon to provide mandated racial bias training to its 175,000 employees. The decision to provide racial bias training came forth after a manager of Starbucks called the police when seeing two black enter their Starbucks located in downtown Philadelphia without […]

    What is the PAID Program? How Can it Affect Employers? Resolution or Trap?

    On March 6, 2018, the U.S Department of Labor’s Wage and Hour Division announced a nationwide pilot program, the Payroll Audit Independent Determination (PAID) program. PAID allows employers to self-assess potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) while helping to protect themselves against litigation threats from the Department of labor […]

    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 […]

    How Will The Tax Cuts and Jobs Act Affect Executive Compensation?

    On December 22, 2017, President Trump enacted The Tax Cuts and Jobs Act (the “Act”) which included significant changes to the tax laws regarding executive compensation. Executive compensation is defined as financial payments and non-monetary benefits provided to high-level management, this may include but is not limited to corporate presidents, chief executive officers, chief financial […]

    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, […]

    Manhattan District Attorney’s Office Implements a Work-Related Sexual Violence Team

    The Manhattan District Attorney, Cyrus Vance, Jr., recently announced the implementation of a Work-Related Sexual Violence team. The announcement comes in the wake of growing awareness of sexual misconduct in the workplace. The new task force will focus on engaging and encouraging alleged victims of work-related sexual violence to report their incidents. The team will […]