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If you noticed headlines last week that the U.S. House of Representatives passed legislation prohibiting employer from discriminating against job applicants because of their age, you might have wondered: does that mean it’s currently permissible to do so?

November 9, 2021
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In a notable decision on June 3, 2021, the Supreme Court resolved a circuit split about the reach of the Computer Fraud and Abuse Act of 1986 (“CFAA”), a statute that allows for potential civil and criminal penalties against those who have “exceed[ed] authorized access” in obtaining and/or using information from company computer systems.

June 9, 2021
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My colleagues and I have written much recently regarding governmental antitrust authorities’ review of no-poach conduct (for example, see here). But let us not forget the additional scrutiny such agreements can face in commercial litigation.

May 12, 2021
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As many readers of this blog know, the Fair Labor Standards Act (FLSA) allows employees to sue for overtime and minimum wage violations on behalf of themselves and those “similarly situated” in a “collective action.”

January 22, 2021
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In the past, U.S. and Canadian courts have not been receptive to litigation of human rights issues solely related to plaintiffs who are neither citizens of nor located in either country.

December 2, 2020
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One question that employers have been asking since the onset of the pandemic is whether they could be sued by employees who get sick as a result of being exposed to an infected coworker.

November 10, 2020
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A recent decision by a federal judge in New York could open a door to claims for benefits by furloughed employees under the Emergency Paid Sick Leave Act (“EPSLA”) of the Families First Coronavirus Response Act (“FFCRA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”).

August 7, 2020
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Typically, an employees’ exclusive remedy for work-related injuries is through their state’s workers’ compensation system. As an example, suppose an employee suffers a work-related injury as a result of her employer’s negligence.

July 10, 2020
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In its 2019 Corporate Social Responsibility Report, The Walt Disney Company announced that it is “committed to ensuring that more women . . . have the chance to contribute in meaningful ways, in all areas of our business.

July 7, 2020
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There are a lot of good folks out there who might help your company but who have noncompete agreements or other restrictions in agreements with their current or recent employers. To decide whether to…

October 22, 2019
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As emojis have morphed from a cute novelty into a staple element of business communication, they have begun to pose liability risks to companies. Many of these risks stem from the fact that emojis…

July 11, 2019
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Insight

On June 3, 2019, in Fort Bend County v. Davis , the Supreme Court held that federal courts can hear discrimination claims under Title VII of the Civil Rights Act, even if the worker alleging…

June 11, 2019