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Chiding that Hispanic worker can’t even speak Spanish didn’t show bias by UPS

October 8th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against a Hispanic UPS employee’s Title VII and Section 1981 race-based hostile work environment claim, the Tenth Circuit noted that while a Hispanic supervisor could still be biased against Hispanic individuals, there was no admissible evidence of that here. The supervisor may have called the employee “a kid [Read more...]

New York releases final sexual harassment materials, guidance; training required by October 9

October 8th, 2018

Materials and guidance on New York’s sexual harassment prevention laws have now been finalized, according to Governor Andrew M. Cuomo. This follows a public comment period that began August 23, when draft materials and guidance were first published on a new website along with a request for public feedback. The state received and reviewed hundreds [Read more...]

California governor approves package of bills, many aimed at curbing sexual harassment

October 8th, 2018

As with many other states following events in the news, the California state legislature has aggressively been passing a slew of bills to prevent sexual harassment in the workplace, including within the state legislature itself.
California Governor Edmund G. Brown Jr. signed a package of bills on September 30 aimed at protecting and supporting women, children, [Read more...]

Corporate form not conclusive as to employee status of franchise owners

October 5th, 2018

By Ronald Miller, J.D.
Finding that a district court improperly ignored the economic realities test, the Tenth Circuit reversed the lower court’s grant of a motion to dismiss a complaint filed by the Secretary of Labor, which asserted that Jani-King violated the FLSA and sought an injunction to require the employer to keep the requisite FLSA [Read more...]

Supreme Court mulls whether independent contractor agreements are ‘contracts of employment’ under FAA exemption

October 5th, 2018

By Pamela Wolf, J.D.
On October 3, the Supreme Court heard arguments on the questions of whether the Federal Arbitration Act’s Section 1 exemption is a question of arbitrability to be decided by an arbitrator or a court, and whether the same exemption, which applies on its face only to “contracts of employment,” is inapplicable to [Read more...]