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At least 27.8 percent of private workforce is stuck with noncompete agreements

December 12th, 2019

By Pamela Wolf, J.D.
An Economic Policy Institute report sets the range at between 27.8 percent and 46.5 percent of private-sector workers.
The Economic Policy Institute says that at least 27.8 percent of the private-sector workforce—at least 36 million workers—are forced to enter noncompete agreements. That estimate confirms the pervasiveness of noncompete agreements. The new report also [Read more...]

Despite inability to confirm pharmacist viewed porn at work, employer had good faith belief of misconduct

December 11th, 2019

By Marjorie Johnson, J.D.
The employee was fired after HR interviewed four female coworkers who said he viewed naked women on his computer, gambled, and touched them inappropriately, and he himself admitted that he had visited sports and dating websites.
A male pharmacist who was fired following HR’s investigation into reports that he viewed pornography on his [Read more...]

Ghanaian nurse’s reassignment to ‘diversity job’ was adverse employment action

December 11th, 2019

By Kathleen Kennedy-Luczak, J.D.
As the only black member of the nursing management team, the nurse manager, an immigrant from Ghana, was the only person who suffered a significant alteration to her job duties in a department reorganization.
A federal district court in Utah dismissed in part the claims of a nurse manager who contended that she [Read more...]

Plaintiffs don’t have to establish a prima facie EPA case to assert pay discrimination under Title VII

December 10th, 2019

By Georgia D. Koutouzos, J.D.
The employee established a prima facie case of pay discrimination under Title VII (without having to meet the EPA’s “unequal pay for equal work” standard), as well as pregnancy discrimination and retaliation.
An employee need not first establish an Equal Pay Act violation in order to make out a prima facie pay [Read more...]

Judicial approval not required of Rule 68(a) offers of judgment settling FLSA claims

December 10th, 2019

By Ronald Miller, J.D.
The Second Circuit concluded that the FLSA does not contain “‘the necessary clear expression of congressional intent’ required ‘to exempt the statute from the operation of’ Rule 68.”
Judicial approval is not required of Rule 68(a) offers of judgment settling FLSA claims, ruled a divided Second Circuit in a 2-1 decision. In light [Read more...]