» workplace fairness

Predictions for 2019 . . . the certainty of uncertainty

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… Read More

The fading red state myth

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… Read More
Categories: Blog

We all do better when we all do better

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… Read More

Supreme court decision strikes another blow against workplace fairness

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… Read More

Vital victories for employees, but corporate power persists

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… Read More

The revolution will not be televised

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… Read More

Open season on democracy and the rule of law

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… Read More

Employment litigation in 2014: mostly more of the same

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… Read More

Walmart feeling the heat as winter approaches

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… Read More

What is discrimination?

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… Read More