Jump to Navigation

January 2017 Archives

Flag on the Play: Injured Professional Athletes Fighting for Compensation

Professional athletes are often likened to warriors and lionized for pushing their bodies to the breaking point, ignoring pain, and remaining stoic. Most accept that some injuries - sprains, pulled muscles, etc. - are part of the job. More and more, however, professional athletes are drawing a line when it comes to preventable injuries that can be attributed to the often willful negligence of the teams and leagues that employ them.

Bridgewater Settlement Spotlights Employers' Heavy Handed Use of Employment Contract Provisions

For many workers, signing an employment contract with a confidentiality, non-disclosure, non-competition, or non-solicitation clause is a necessary part of accepting and keeping a job. What they don't anticipate, however, is that those provisions can be leveraged against them to restrict employees' rights to challenge unlawful practices and find other work, placing their livelihoods and future employment in jeopardy.

Reynaga v. Roseburg Forest Products, No. 14-35028 (9th Cir. Jan. 26, 2017)

A Ninth Circuit panel holds, in a Title VII and Oregon state law case, that an employer's breaking into a work locker constitutes a materially adverse employment action. The panel also splits - 2-1 - over whether the employer failed to take appropriate steps to stop alleged racial harassment, and whether it disproportionately punished the plaintiff by firing him (for leaving the workplace) while taking no action against the harasser.

Stalled Overtime Rules Will Hurt All U.S. Workers, Including Trump Voters

President-elect Trump rode a wave of American worker discontent all the way to the White House. A frequent refrain during his boisterous campaign rallies was that a Trump presidency would "make America great again" by bringing back well-paying jobs.

Supreme Court to Decide Whether Bankruptcy Court Can Skip Over Wage & Employee Benefits Claims in Favor of Lower-Ranked Unsecured Creditors

State and federal labor laws ensure that employees are fairly compensated for their work. When companies become insolvent, similar protections give wages and benefits a higher priority in bankruptcy over other creditors' claims. But does a bankruptcy judge have the power to switch that order?

How an Employee's Military Service or Status Can Be the Basis for Discrimination

We often hear media reports about workplace discrimination involving gender, race, national origin, age, and disability that is all too common. But most Americans would be surprised to learn that each year thousands of employees are subjected to blatant and harmful discrimination simply because they are veterans or are currently serving in the Armed Forces - and this discrimination harms our national security by discouraging participation in the National Guard and Reserve.

Karlo v. Pittsburgh Glass Works, LLC, No. 15-3435 (3d Cir. Jan. 10, 2017)

The Third Circuit, declaring a split with several other courts, holds that an ADEA disparate-impact case may allege discrimination against a subset of the protected group, here employees 50 and over. Prior decisions had held that such claims could be based only on the entire protected group - age 40 and over - but the Third Circuit panel holds that "their reasoning relies primarily on policy arguments that we do not find persuasive."

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 
Washington, DC 20001
Phone: 202-847-4400
Map and Directions