• Cullen and Dykman LLP Blogs

  • Archives

  • Blog Title: Employment Litigation

    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 […]

    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, […]

    Supreme Court Declines to Expand Whistleblower Protection

    On February 21, the Supreme Court ruled that the Dodd-Franks Act’s anti-retaliation provision only applies to individuals who have reported a violation to the Securities and Exchange Commission (“SEC”). The court found that the Dodd-Frank Act does not protect employees who make internal complaints of corporate wrongdoing. In 2010, Congress enacted the Dodd-Frank Act in […]

    Northwestern University Professor Requests Leave of Absence After Ten Women Sign Open Letter Accusing Him of Sexual Harassment, Abusive Behavior, and Bullying

    A professor at Northwestern’s Medill School of Journalism, Alec Klein, is taking a leave of absence after eight former students and two former employees issued a public letter accusing him of sexual harassment, abusive behavior, and bullying. The letter outlines twelve instances of sexual misconduct by Klein including: allegedly making sexually graphic remarks, attempting to […]

    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, […]