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.
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.
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 plaintifff by firing him (for leaving the workplace) while taking no action against the harasser.
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.
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?
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.
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."