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No clear right to privacy in content of employee work emails obtained by faked subpoena

September 25th, 2018

By Ronald Miller, J.D.
Because an employee did not have a reasonable expectation of privacy in her work emails, a prosecutor and investigator from the state attorney general’s office were entitled to qualified immunity against her claim that they violated her Fourth Amendment right to be free from an unreasonable search when they used an invalid [Read more...]


Despite lengthy wait to complain of anti-Semitic conduct, officer advances hostile environment claim

September 25th, 2018

By Kathleen Kapusta, J.D.
Because a Jewish New York City police officer with dual U.S. and Israeli citizenship could not show that the denial of his transfer requests, failure to maintain confidentiality of his discrimination complaint, and his supervisors’ neglect of their duties to handle complaints and conduct inspections were adverse employment actions, his Title VII [Read more...]


Excluding coverage of gender reassignment procedures violates Title VII, ACA, and equal protection

September 25th, 2018

By Brandi O. Brown, J.D.
In a lawsuit brought by transgender employees of the State of Wisconsin, a federal district court has granted in part their motion for summary judgment, concluding that the state employer’s actions in excluding coverage of gender reassignment procedures constituted sex discrimination under Title VII and the Affordable Care Act. The employer’s [Read more...]


California had rational basis for including ready-mix contract drivers (and not other drivers) in prevailing wage law

September 24th, 2018

By Lisa Milam, J.D.
Finding meaningful differences between ready-mix concrete delivery drivers and other materials drivers sufficient to survive rational basis scrutiny—distinctions that a federal district court in California had “wrongly disregarded as irrelevant”—the Ninth Circuit held the lower court improperly struck down on equal protection grounds a California Labor Code amendment which extended the state’s [Read more...]


What federal contractors need to know about the OFCCP’s latest directives

September 24th, 2018

By Pamela Wolf, J.D.
On September 19, the OFCCP released two new policy Directives that the federal contract compliance agency said would shine a brighter light on its compliance activities and establish a program designed to listen to concerns that contractors may be reluctant to share.
To understand the implications of these new Directives, Employment Law Daily [Read more...]