» workplace fairness
Predictions for 2019 . . . the certainty of uncertainty
December 17th, 2018
The seemingly ongoing and escalating controversies at the Federal level make the legal environment somewhat unpredictable. If current trends persist, however, the Trump Administration will continue to attempt to limit workplace protections and relate…
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Categories: Blog
The fading red state myth
April 23rd, 2018
The conventional wisdom insists that the nation is sharply divided in two. One part of the country supposedly consists of “blue” States that allegedly promote workplace fairness through unions and otherwise. These States also purportedly value an…
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Categories: Blog
Tags: workplace fairness
We all do better when we all do better
December 1st, 2015
The recent Report issued by the National Employment Law Project, “The Growing Movement For 15,” documents the increasing successes in obtaining a living wage for employees around the country. In the process, the Report provides a compelling remin…
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Categories: Blog
Supreme court decision strikes another blow against workplace fairness
December 22nd, 2014
In Integrity Staffing Solutions, Inc. v. Busk, a unanimous Supreme Court recently ruled that companies do not have to pay employees for the time employees must spend being subjected to daily anti-theft screening procedures imposed by employers. Notab…
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Categories: Blog
Vital victories for employees, but corporate power persists
August 14th, 2014
In recent years, the National Labor Relations Board (“NLRB”) has rendered a number of courageous decisions that promote workplace fairness for both union and non-union employees. For example, the NLRB ruled that employers cannot retaliate against…
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Categories: Blog
The revolution will not be televised
May 18th, 2014
Although in slow motion, a revolution has come to light with the 60th anniversary of the landmark Supreme Court decision in Brown v. Board of Education, 347 U.S. 483 (1954). In Brown, a unanimous Supreme Court struck down the separate-but-equal doctr…
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Categories: Blog
Open season on democracy and the rule of law
April 14th, 2014
The Supreme Court received intense criticism from many quarters after it decided Citizens United v. Federal Election Commission, 558 U.S. 310 (2010). In that 5-4 decision, the Supreme Court sharply reduced the restrictions on political campaign contr…
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Categories: Blog
Employment litigation in 2014: mostly more of the same
January 15th, 2014
Much of the court caseloads in recent years has focused on class actions and collective actions prosecuted concerning wage-and-hour violations as opposed to discrimination, retaliation, harassment, or other civil rights claims. For over a decade, in…
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Categories: Blog
Walmart feeling the heat as winter approaches
November 27th, 2013
This is typically the season to be merry for big box retailers like Walmart, which reap enormous profits at the end of each year. The world’s largest retailer, however, now faces a number of problems related to how it treats its employees. Only day…
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Categories: Blog
What is discrimination?
November 11th, 2013
The law defines illegal discrimination as treating someone less favorably – regarding wages, employee benefits, or other terms of employment – because of a protected status, such as race, sex, age, disability, religion, and national origin. The s…
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Categories: Blog