Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Ninth Circuit”

Employer Beware: Bad “optics” create hostile work environment?

Posted in Harassment, Sexual Torts
Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of our series on “employers who didn’t really screw up but still lost” is a sexual harassment case that bothers me, involving… Continue Reading

Litigation tactics can be FLSA retaliation? Wow.

Posted in Immigration, Lawyers!, Retaliation, Wage-Hour
Can an outside attorney defending an employer in a lawsuit under the Fair Labor Standards Act be liable for retaliation against the plaintiff-employee based on litigation tactics? One court answered that question “yes” last week. Are these judges crazy? You decide. In Arias v. Raimondo, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit… Continue Reading

Trumpdate: Court refuses to stay TRO against travel ban, Puzder hearing scheduled

Posted in Elections, Immigration, Politics
Yesterday, a panel of the U.S. Court of Appeals for the Ninth Circuit denied the Trump Administration’s motion to stay the temporary restraining order issued by a federal judge in Seattle. This means that the TRO, which blocks the temporary travel ban from taking effect, will remain in place. The Administration may seek review by… Continue Reading

Daily* Trumpdate: Live stream the oral argument in Trump “travel ban TRO” appeal

Posted in Elections, Immigration, Politics
*EDITOR’S NOTE: This “daily” stuff has now officially become “more or less — maybe once a week, anyway.” For background on the immigration issue, please see this bulletin and this follow-up, both by Will Krasnow and Jeanette Phelan of our Immigration Practice Group. The oral argument before a three-judge panel of the U.S. Court of Appeals… Continue Reading

Weekly catch-up

Posted in Class actions, eLaw, Elections, Gender Identity Discrimination, Politics, Wage-Hour
Attention, New York employers! The Empire State (and the Big Apple) have enacted a number of employment-related laws — including minimum wage, family leave, freelance worker protections, and bathroom designations — that have recently taken effect, or will take effect in the not-too-distant future. Anjanette Cabrera and Stephen Stecker from our New York City Office… Continue Reading

Restroom use “catch 22” for transgender individuals violates Title VII, court says

Posted in Discrimination, Gender Identity Discrimination, Settlements
Roberts v. Clark County (NV) School District involved a female-to-male transgender police officer. Although the School District later changed its policy, when Bradley Roberts first told the District in 2011 that he was presenting as a male, he was told that he could not use the men’s room until he submitted proof of gender reassignment surgery.… Continue Reading

Will SCOTUS review same-sex marriage now?

Posted in Same-sex marriage
You may recall that in early October the U.S. Supreme Court declined to review decisions from U.S. Courts of Appeals for the Fourth, Seventh, and Tenth circuits* that struck down same-sex marriage bans. At that time, every federal appellate court facing the issue — in addition to these three, the Ninth Circuit — had found… Continue Reading