Working for Justice

Tag: State Laws

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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When Do the Civil Claims of Sexual Abuse Victims in Maryland Expire Under State Law?

Posted July 31st, 2018 by in Civil Litigation.

The #MeToo Movement has helped draw attention to abuse victims’ right to pursue civil claims against the perpetrators who abused them and the institutions (e.g., churches, child care centers, schools, universities, colleges, teams, and programs) who failed to protect them from being abused. The voices of survivors are growing. Still, abuse victims have not yet […]

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Can You Be Fired For Your Political Beliefs?

Posted July 23rd, 2018 by in Employment Discrimination.

In today’s political climate, we have all seen how heated political debates can get. A perfectly pleasant Thanksgiving dinner with family can instantly turn hostile once the topic of politics comes up. But what happens when that political fervor carries over into the workplace? Can a private sector employee be fired for his or her […]

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Attention Minimum Wage Workers: Look to Your State Laws

Posted July 20th, 2018 by in Wages and Overtime Law.

By law, employees in the United States must be paid a base minimum for their work performed.  However, this protection varies widely depending on the state in which the employees are working. The federal Fair Labor Standards Act (FLSA) provides the baseline protection for employees.  Regardless of state, employers generally must pay their employees at […]

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New York Prohibits Mandatory Arbitration of Sexual Harassment Claims

The #MeToo movement has shined an unflattering light on employer-mandated arbitration agreements, which commonly prevent victims of sexual harassment from speaking publicly about their experiences. Mandatory and confidential arbitration has the effect of forcing women into silence, while allowing perpetrators to continue to harass and assault other employees.  With the rise of the #MeToo movement, […]

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Uncle Sam Needs You to Be a Whistleblower: A Simple Primer on the Federal and State False Claims Acts

Posted July 2nd, 2018 by in Whistleblower Law.

What is a Whistleblower? A Whistleblower is a person who informs the federal and/or state government about illegal and fraudulent behavior that causes the government to pay money to an individual or business that is not entitled to receive those government funds. For assisting the government in uncovering fraud, the Whistleblower receives between 15% to […]

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Strong Whistleblower Protections for CA State Employees Encourage Reporting of Government Waste, Incompetency, and Inefficiency

Posted June 19th, 2018 by in Whistleblower Law.

If you are one of the nearly quarter-million people employed by the State of California, you should feel safe reporting any improper or illegal activity that you see around you. These protections are found in a law called the California Whistleblower Protection Act (CWPA), and they apply to anyone working for the state government or […]

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