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, […]
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Blog Title: Federal Practice
Starbucks and its Changing Policies Regarding Mandatory Training and Bathroom Usage
May 30, 2018
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?
April 4, 2018
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 […]
When Must an Employer Compensate its Employees for Time Spent Donning and Doffing?
March 23, 2018
Donning and doffing refers to changing into and out of work clothes, gear, or equipment. To don means to put on work clothes, gear, or equipment. To doff means to take off work clothes, gear, or equipment. While both federal and state laws require that employers compensate employees for all “work” performed, both federal and state […]
Amendments to Federal Rules of Evidence Effect ESI Authentication
December 11, 2017
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 Second Circuit Reviews New York Methodist Hospital Worker’s FMLA Suit
July 18, 2017
On June 30 2017, the U.S. Court of Appeals for the Second Circuit found that the District Court erred when it held that an employee had not proven a “serious health condition” to qualify for medical leave. The Second Circuit reasoned that the District Court used an interpretation of the regulation that was too narrow. […]
A Single Racist Comment May Establish a Title VII Violation
July 14, 2017
In April 2017, the United States Court of Appeals for the Second Circuit, held that a single racist comment can, when severe enough, establish a discriminatory hostile work environment. Otis Daniel, a 35-year-old African American male, began working for T&M Protection Resources, Inc. in 2010. Daniel worked as a fire safety director for T&M for […]
Third Circuit Court Denies Penn State Football Coaches’ Claim
July 10, 2017
The United States Court of Appeals for the Third Circuit (the “Third Circuit”) recently affirmed the U.S. District Court’s decision to grant Penn State University’s motion to dismiss claims made by two former Penn State football coaches. Coaches Jay Paterno and William Kenney sued Penn State in 2014, claiming they were denied due process of […]
University of Chicago Prevails in Discrimination and Retaliation Lawsuit
March 15, 2017
A federal jury in Illinois recently returned a verdict in favor of the University of Chicago Medical Center (“UCMC”) in a discrimination and retaliation lawsuit. A former UCMC resident, Dr. Maria Artunduaga (“Artunduaga”), sued the University of Chicago in 2012, claiming she experienced discrimination (hostile work environment) while employed by the UCMC. Artunduaga began her […]
Transgender Students Find Success in Pennsylvania Federal Court
March 10, 2017
Three transgender high school students in Pittsburgh recently prevailed in federal court in temporarily halting a school district policy requiring the students to use restrooms that do not conform with their gender identities. The Pennsylvania court’s decision comes just a week after the Trump administration announced that it would rescind guidance issued by the Obama […]