Working for Justice

Tag: State Laws

New Maryland Law Prohibits Employers from Asking Job Applicants for Wage History

Posted September 29th, 2020 by in Employment Discrimination.

For job applicants, disclosing their current or prior salary can be one of the most anxiety-inducing parts of interviewing for a new job. Beginning on October 1, 2020, however, a new Maryland law will go into effect, prohibiting employers from asking job applicants for their wage history or relying on wage history in making hiring […]

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Workers Succeed in Class Age Discrimination Settlement, But Much Remains to be Done

After nearly two years of highly contested litigation, the Eastern District of Tennessee United States District Court recently granted final approval of a class action settlement resolving Tennessee auto-workers’ age discrimination claims against Volkswagen. Plaintiffs, represented by attorneys in Sanford Heisler Sharp LLP’s Nashville and New York offices, brought this lawsuit on behalf of older […]

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Laid Off? Did your Employer Fail to WARN you?

Mass layoffs have unfortunately become an economic reality during the COVID-19 pandemic. Employees should know, however, that federal and New York employment law can provide important rights for employees who lose their jobs in a mass layoff. The federal Worker Adjustment and Retraining Notification (WARN) Act protects employees of business with 100 or more full […]

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Wage and Hour Violations in the Time of Coronavirus

The coronavirus pandemic is changing the face of work. Many employees are working from home, while others are putting in double-time in essential roles. As the economy reopens, employers have implemented and will continue to implement measures designed to limit the spread of Covid-19. At their best, these myriad changes may make employees safer and […]

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Five Reasons to Celebrate the Virginia Values Act

Posted May 14th, 2020 by in Employment Discrimination.

A new Virginia law expands anti-discrimination protections for employees in the state and gives employees and civil rights advocates many reasons to celebrate.  Here are five. 1. Virginia employees are explicitly protected from discrimination on the basis of sexual orientation and sexual identity. When the law goes into effect on July 1, 2020, there will […]

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Discrimination and Harassment in Graduate School: What Laws Protect You

Posted March 24th, 2020 by in Gender Discrimination and Harassment.

Graduate school can be an exciting time in a person’s life.  Especially if you start a graduate program immediately after completing college, you can expect to spend the remaining years of your 20s honing your areas of academic expertise, completing a dissertation, and building meaningful professional connections with prominent faculty and staff in your chosen […]

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Wait, Don’t They Have to Pay Me for That?!: The Compensability of Pre- and Post-Shift Screenings

Posted February 19th, 2020 by in Wages and Overtime Law.

Imagine the following:  You show up to work at your employer’s.  They require you to enter on the other side of the building, far away from your workstation.  At this distant entrance, you stand in a long line as your employer’s security guards do bag checks.  After 30 minutes of waiting and being searched, you […]

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Whistleblowers Help Both the Federal and State Governments Combat Fraud

Posted July 19th, 2019 by in Whistleblower Law.

The Federal False Claims Act (“FCA”), 31 U.S.C. §§ 3729 et seq., is probably the best-known whistleblower statute, allowing private plaintiffs to bring suit on behalf of the Government in a qui tam suit. The federal Government also provides other, less well-known avenues for whistleblowers to shed light on corporate wrongdoing in return for a […]

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Age Discrimination Causes Substantial Damage to Older Workers’ Careers and Health

Posted June 21st, 2019 by in Age Discrimination.

Several recent studies demonstrate that age discrimination is pervasive in American workplaces, which is causing extensive damage to the health and careers of older workers.  According to a 2018 AARP survey, about three in five older workers have either seen or experienced age discrimination in the workplace, and more than nine in ten older workers […]

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Recent Development: Kentucky Becomes 25th State to Protect Pregnant Employees at Work

If you live in Kentucky and are pregnant, planning to become pregnant, or breastfeeding, you should be aware of new protections that may apply to you and your employer. Last month Kentucky passed the Pregnant Workers Act with bipartisan support, making it the 25th state to pass specific legislation to protect pregnant employees. Federal laws […]

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Confronting Age Discrimination in America

Posted April 23rd, 2019 by in Age Discrimination.

Americans are growing older. According to the U.S. Census Bureau, the current median age for an American is 38, and it is expected to rise to 40 by 2030.[1] In other words, by 2030 the number of Americans who are 40 and above will equal the number of Americans who are younger than 40. At […]

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New Jersey Leads the Fight for Pay Equity

Posted April 12th, 2019 by in Employment Discrimination.

When it comes to workplace discrimination, your rights often depend on the state where you work.  That’s because states can pass laws that offer even stronger protections for employees than federal law.  Last year, New Jersey did just that when it passed what may be the broadest pay equity law in the nation, the Diane […]

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Seventh Circuit Deprives Older Job Seekers of One Way to Challenge Age Discrimination

Posted February 5th, 2019 by in Age Discrimination.

Discrimination against older employees and job seekers is and remains pervasive. For example, a 2017 study by the Federal Reserve Bank of San Francisco found that older applicants have call-back rates that are thirty to forty-seven percent lower than those of their younger counterparts. The study further found that the difference is most pronounced for […]

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Justice Delayed: The Federal Shutdown’s Effect on Employment Discrimination

Posted January 14th, 2019 by in Employment Discrimination.

The longest federal shutdown in U.S. history is having devastating effects, placing hundreds of thousands of federal workers in economic peril and potentially crippling the delivery of basic services for Native American tribes. It has also shut down the U.S. Equal Employment Opportunity Commission (EEOC), delaying Americans from receiving justice where their employers have illegally […]

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Broad Scope of Standing Available for California Employees in PAGA Suits

Posted January 12th, 2019 by in Wages and Overtime Law.

California’s Private Attorney General Act of 2004 (“PAGA”) has provided employees injured by their employer’s Labor Code violations with an opportunity to seek statutory penalties on behalf of him or herself and on behalf of other aggrieved employees.  This law famously allows an individual employee to stand in the shoes of the government agency that […]

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