Since the pandemic disrupted U.S. life in March 2020, the number of Americans who have worked remotely, at least in part, has more than doubled.[1] After over a year of proof that telework is possible, workers have gained fodder for legal arguments that remote work is a reasonable accommodation for their disabilities without undue burdens […]

Today (July 14) is International Non-Binary People’s Day.  According to a June 2021 study conducted by the Williams Institute, 1.2 million adults in the United States identify as non-binary.[1] “Non-binary” is an identity embraced by people who do not identify exclusively as men or women.[2]  A non-binary individual may identify as both a man and […]

One year ago this week the Supreme Court decided Our Lady of Guadalupe School v. Morrissey-Berru,[1] a case in which the Court determined that two Catholic elementary school teachers were “ministers” and therefore not covered by federal anti-discrimination statutes.[2] The Court based its decision on the “ministerial exception.” A First Amendment doctrine, the ministerial exception […]

As of today, July 4, 2021, fast food workers in New York City are free from at-will employment, one of the oldest and least worker-friendly rules in employment law. At-will employment means that an employer can discharge workers at will “for a good reason, a bad reason, or no reason at all.”[1] This rule generally […]

Maryland recently took an important step in the fight against tax dodgers, as it enacted a bill that creates a tax whistleblower program similar to the successful programs administered by the Internal Revenue Service and the District of Columbia. The policy created by Maryland House Bill 804, which was enacted on June 1, 2021, and […]

Everyone deserves the right to choose a job where they are treated squarely and paid fairly for their hard work. Unfortunately, some abusive employers—whether businesses or individual bosses—violate this basic human right with exploitative working conditions. By abusing or mistreating workers, however, these employers may also be breaking the law; and therefore, be liable financially […]

So-called defined-contribution plans—such as 401(k) plans—have become “the primary private savings vehicle for most Americans’ retirement.”[1] The assets held by 401(k) plans have more than doubled over the past decade, and as of 2019, these plans held a whopping $6.4 trillion in retirement savings.[2] With trillions at issue and the retirement security of millions of […]

On January 1, 2021, Congress overrode then-President Trump’s veto to pass the Anti-Money Laundering Act of 2020 (“AMLA”), an important new law that is designed to combat money laundering.[1] Among the provisions of the AMLA, the ban on shell companies—which, when finalized, will require most U.S. companies to report their so-called “true beneficial owner”—has received […]

In the wake of the Enron and Arthur Anderson scandals, Congress enacted the Sarbanes-Oxley Act of 2002 (“SOX”) to address “a culture, supported by law, that discourage[s] employees from reporting fraudulent behavior not only to the proper authorities, such as the FBI and the SEC [Securities and Exchange Commission], but even internally.”  S. Rep. No. 107–146, […]

Workers and students who experience civil rights violations have a plethora of legal tools at their disposal to seek accountability and relief—ranging from constitutional, to statutory, to tort claims. But the courthouse doors have long been closed to one group, whose exclusion from remedies by the government which they defend is particularly jarring: members of […]