Working for Justice

A Blog for Employees, Whistleblowers, and Advocates of Social Justice
By the Lawyers Who Fight For Your Rights

Congress Should Pass the Judiciary Accountability Act

Posted September 15th, 2021 by Kate Mueting and James Hannaway in Employment Discrimination.

For years, Ninth Circuit judge Alex Kozinski sexually harassed his law clerks, repeatedly making inappropriate comments and sharing pornography in chambers.  He could act with impunity—and other judges have been able to do the same—because our nation’s anti-discrimination laws have left law clerks and most other judicial employees unprotected.   Because of a loophole in Title […]

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Threatening Employees Based on Their Immigration Status Can Constitute Unlawful Retaliation Under Wage and Hour Laws

Posted August 26th, 2021 by Kate MacMullin in Retaliation Law.

When an employee complains about an employer’s violation of wage and hour laws, anti-retaliation protections often kick in to protect the employee from being punished for complaining. Obvious examples of retaliation include firing or demoting the employee who complains. However, an employer’s retaliatory actions may also extend beyond the workplace. In some cases, the employer […]

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Under California’s Broad Definition of “Wages,” Executive-Level Employees May Be Able to Pursue Labor Code Wage Claims to Recover Unpaid Stock Grants, Bonuses, and Other Forms of Compensation

Posted August 25th, 2021 by Andrew Melzer in Wages and Overtime Law.

It should be well understood that an employee, including an executive, deprived of compensation promised by the employer and earned by the employee has a potential cause of action for breach of contract. But did you know that such an employee may also have a wage payment claim under applicable labor laws, particularly the California […]

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Sanford Heisler Sharp, LLP Recognized by Elite Trial Lawyers 2021 Awards Ceremony

Posted August 23rd, 2021 by Sanford Heisler Sharp, LLP in Commentary.

We are so proud when the exceptional work of our lawyers is recognized by their peers in the legal community. On July 29, 2021, we celebrated at the Elite Trial Lawyers 2021 Awards Ceremony at the Mandarin Oriental in New York, NY, where Sanford Heisler Sharp was recognized as the top Plaintiffs firm for both […]

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In Defense of Class Actions: A Response to Gibson Dunn’s Commentary on the Ten-Year Anniversary of Dukes

Posted August 17th, 2021 by Andrew Melzer in Class Actions and Collective Actions.

In recent companion pieces marking the 10-year anniversary of Wal-Mart Stores v. Dukes,[1] counsel for Wal-Mart celebrated the judicial assault on class actions and urged that it continue,[2] while counsel for the plaintiffs rightly observed that discrimination class actions are not dead yet.[3] As class action practitioners who have represented employees, consumers, tenants, and others, […]

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Customs Fraud: Recent Developments Present Opportunities for Whistleblowers

Posted August 5th, 2021 by Russell Kornblith in Whistleblower Law.

Customs fraud continues to be a focus of False Claims Act enforcement. Customs fraud comes in a variety of forms, a few of which we’ve looked at in the past on this blog, including the undervaluing of merchandise, the incorrect classification of merchandise to invoke a lower duty rate, or the failure to mark goods […]

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Seeking COVID-19-Related Accommodations for At-Risk Household Members

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 […]

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Protections Against Discrimination for Non-Binary Employees

Posted July 14th, 2021 by Alok Nadig in Gender Discrimination and Harassment.

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 […]

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The Reach of Our Lady of Guadalupe: Are You Covered by the Ministerial Exception?

Posted July 8th, 2021 by Johan Conrod and Whittney Barth in Employment Discrimination.

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 […]

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New York City Fast Food Workers Just Declared Independence from At-Will Employment

Posted July 4th, 2021 by James Hannaway in Employment Law.

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 […]

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