Working for Justice

Tag: State Laws

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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Unpaid Wages: Not a Trifling Matter

Posted December 11th, 2018 by in Wages and Overtime Law.

“The law does not concern itself with trifles.” It’s one of those statements that sounds both reasonable and definitive. Indeed, it’s an English translation of a Latin maxim that traces back hundreds of years – “de minimis non curat lex.” I was recently reflecting on this concept – sometimes called the “de minimis” doctrine – […]

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Virginia Supreme Court Appoints Panel at Request of Martinsville, VA to Consider Consolidation of Opioid Lawsuits in State Court

Posted December 10th, 2018 by in Civil Litigation.

On November 20, 2018, the Virginia Supreme Court appointed a panel of three Circuit Court judges to consider the consolidation of lawsuits previously filed in Virginia state courts against opioid manufacturers, distributors, and pharmacy benefit managers (PBMs) for their role in creating the public health emergency caused by prescription opioids. The panel was appointed in […]

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Anti-Retaliation Protections for Former Employees

Posted November 15th, 2018 by in Retaliation Law.

Retaliation can rear its ugly head in a variety of contexts, including after employees separate from their employers. Fortunately, several anti-retaliation laws protect former employees who experience post-employment retaliation for complaining about discrimination. In two critical retaliation cases analyzing the breadth of Title VII’s protections—Robinson v. Shell Oil Company and Burlington Northern & Santa Fe […]

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Sexual Harassment Training: Mandatory in Several States and Critical Nationwide

Posted November 6th, 2018 by in Gender Discrimination and Harassment.

As of October 9, 2018, New York State employers are now required to provide sexual harassment training pursuant to the State’s recently enacted sexual harassment prevention legislation, Section 201-g of the New York State Labor Law. This new law requires that all employers within New York, both private and public, provide annual anti-harassment training to […]

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Moving Towards Pay Equity Without Salary History

Posted October 8th, 2018 by in Employment Discrimination.

Over the past few years, there has been a movement to restrict employers from inquiring into the salary histories of prospective employees. The rationale for this prohibition is clear: certain jobs and workers have historically been underappreciated and underpaid; consequently, workers in these jobs are anchored to lower starting salaries. If employers can ask about […]

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Are There Any Exceptions to the Statute of Limitations for Civil Claims of Sexual Abuse Victims in Maryland?

Posted August 1st, 2018 by in Civil Litigation.

One of the biggest barriers to abuse victims’ pursuit of justice in Maryland is the strict time limits that victims have to file their claims (this is commonly called the “statute of limitations”). While research consistently demonstrates that most survivors of sexual abuse fail to report or disclose the abuse until they are at least […]

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