Law Blog

Actress Gabrielle Union Fired From America’s Got Talent After Complaints of Racism and Unhealthy Workplace

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NBC Universal once again finds itself entangled in another employment scandal after actress Gabrielle Union was dropped as a judge on the show, America’s Got Talent, amid complaints of racism and an unsafe workplace. According to reports, NBC fired Union – a known advocate for minority communities - because she spoke out about the toxic and racist workplace culture during production of the show. Union allegedly spoke out about several discriminatory practices during her time on the show, including being told by producers that America would not get behind a ten-year old black rapper; that the network discouraged her from wearing certain outfits and hairstyles they considered “too black” for viewers; and for raising concerns that host Simon Cowell was creating an unhealthy workplace by smoking indoors. But it was her complaint to producers about a racist joke comedian Jay Leno allegedly made about Korean restaurants during taping that apparently sealed her fate. Though producers allegedly dismissed Union’s complaint, the joke was cut from the show, then in retaliation, they terminated her three-year contract after just one season as a judge on the show. 

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92 Hits

Can Catholic Schools Discriminate? The U.S. Supreme Court is About to Weigh In.

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Catholic Schools and Discrimination

The United States Supreme Court will review two decisions from the United States Court of Appeals for the Ninth Circuit involving the ministerial exception to federal employment discrimination law claims. On December 18, 2019, the Supreme Court granted petitions for a writ of certiorari in St. James School v. Biel and Our Lady of Gudadalupe School v. Morrissey-Berru, both decisions from the ninth circuit in which Catholic religious schools argued that the ministerial exception protected them from claims of discriminatory employment practices.

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107 Hits

Mako v. Linda Richards Inc., and Linda Barry a/k/a Linda Bretti, individually, and Frank Bretti, individually, Civil Case No.: 19-cv-02660

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New Employment Law Class and Collective Action filed in the Southern District of New York

Mako v. Linda Richards Inc., and Linda Barry a/k/a Linda Bretti, individually, and Frank Bretti, individually,Civil Case No.: 19-cv-02660

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190 Hits

Melgarejo v. New York Fish & Vegetable, Inc., d/b/a “NY Fish and Vegetables,” and Lee’s Fish & Fruit, Inc., and David Lee, individually, Civil Case No.: 19-cv-02439-AT

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New Class and Collective Action filed in the Southern District of New York

Melgarejo v. New York Fish & Vegetable, Inc., d/b/a “NY Fish and Vegetables,” and Lee’s Fish & Fruit, Inc., and David Lee, individually, Civil Case No.: 19-cv-02439-AT

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187 Hits

Can I Be Fired for My Political Views?

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Political Views and Employment

The United States is gearing up for a big presidential election in 2020 and most people have strong opinions about the candidates.

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244 Hits

Are Atheists Protected from Religious Discrimination in the Workplace?

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Atheism and Religous Discrimination in the Workplace

Most people know they are entitled to protection from religious discrimination in the workplace, but what if you don’t practice a religion? Do any of the current laws against discrimination in the workplace protect you if you are a non-believer?

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254 Hits

3 Questions about Workplace Surveillance

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Employment Law and Workplace Surveillance

Everyone is entitled to a certain level of privacy, but a reasonable expectation of privacy varies based on where you are and what you are doing. For instance, what’s reasonable in your own home is different from when you are riding a public bus or sitting in a restaurant.

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403 Hits

New York City Human Rights Law Expands Employment Protections to Independent Contractors and Freelancers Effective January 11, 2020

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On September 12, 2019, the New York City Council passed a law (Int. 0136-A) that will impact New York City employers. This new law, effective January 11, 2020, will expand the scope of the New York City Human Rights Law (“NYCHRL”) to provide protections for independent contractors and freelancers. This law will ensure that independent contractors and freelancers are protected by the New York City Human Rights Law and will give them the right to file potential complaints with the New York City Commission on Human Rights when they face harassment or discrimination based on a protected class. This amendment further clarifies how to determine whether an employer has the requisite “four or more” with regards to coverage under the NYCHRL, explaining the protections will apply to employers who employed at least four workers (including independent contractors, freelancers, certain employer’s family members) at any time during the twelve months before the start of the discriminatory act.

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401 Hits

Former Fox News Employees Request Release From Non-Disclosure Agreements

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6 Former Fox News Employees Request Release from NDAs

Six former Fox News employees, including former news anchor, Gretchen Carlson and former political consultant, Julie Roginsky, became the latest in a growing list of female employees who are demanding to be released from Non-Disclosure Agreements (NDAs) they signed as part of their sexual harassment and discrimination settlements with Fox. The NDAs prohibit them from talking about the alleged unlawful conduct in any form. Both Carlson and Roginsky accused their former employer, Roger Ailes, former President and Chairman of Fox News, of sexual harassment and discrimination. According to court documents, Carlson alleged that Ailes "sabotaged her career because she refused his sexual advances." Roginsky alleged that she was denied a co-hosting job on a show after she refused to have a sexual relationship with Ailes.

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311 Hits

William R. Nolan v. The City of New York, et al. Civil Case No.: 19-cv-00187

Constitution
New Civil Action filed in the Eastern District of New York

William R. Nolan v. The City of New York, et al.Civil Case No.: 19-cv-00187

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1347 Hits

New Job? Tips for Giving Notice and Getting Your Final Paycheck

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If you have a get a new job here are some tips for giving notice and receiving a final paycheck from your old job

People leave jobs all the time. The consistency and commitment to an employer that was once expected is no longer the norm, in part because employers are not as dedicated to their employees anymore. The workforce has changed dramatically over the last half-century or so and it’s expected that most American workers will change jobs several times throughout their career, even if they remain in the same industry.

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402 Hits

NCAA Votes to Allow College Athletes to Benefit From Use of Name, Image, & Likeness

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New Rules will Allow College Athletes to Benefit From Use of Name, Image, & Likeness

On October 29, 2019, the NCAA Board of Governors voted unanimously to allow college athletes to benefit from their schools and third parties using their names, images, and likeness “in a manner consistent with the collegiate model.” This move was in response to bills in California, South Carolina and other states that would prohibit colleges from taking away scholarships or dismissing athletes for signing endorsement deals or hiring agents, which would give schools in those states a competitive advantage in recruiting compared to schools in other states. While the specific details are unclear at this point, each of the NCAA’s three divisions are to create regulations in support of this new NCAA policy by January 2021.

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357 Hits

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

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New Class and Collective Action filed in the Eastern District of New York

McPherson v. Tropical Fantasy Bar & Lounge Inc., and Mukesh Persaud, individually, Civil Case No.: 19-cv-00599

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321 Hits

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

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New Class and Collective Action filed in the Eastern District of New York

Mclean v. Cornucopia Logistics, LLC; Civil Case No.: 19-cv-00864

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284 Hits

Can My Current Employer Fire Me for Interviewing with Another Company?

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Employment at Will -  Firing of an employee for a job interview with another company

Employment at will means you can be terminated for any reason without any notice. This would include a situation in which your employer believes you are interviewing with other companies or exploring the job market in any way. That said, many employers won’t fire you looking for another job because a terminated employee could have a right to certain benefits, whereas an employee who leaves of his or her own free will is sacrificing those benefits.

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302 Hits

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

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Judge grants Conditional Certification of Collective Action in the Eastern District of New York

Egan and Tavolilla v. Safeway Construction Enterprises, LLC, et al. Case No.: 19-cv-02052(RJD)(PK)

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362 Hits

Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

US Supreme Court
Expanded Title VII Protections Under the Law, Supreme Court Could Extend Title VII Protection to Employees Terminated for Sexual Orientation or Gender Identity

On October 8, 2019, the Supreme Court heard oral arguments in three cases that could reshape the landscape of protections provided by Title VII of the Civil Rights Act of 1964. Title VII provides protection against employment discrimination based upon race, color, religion, sex and national origin. Historically, the term “sex” as used in the statute has been interpreted to protect individuals from discrimination on the basis of gender, but this has not been extended to provide federal protection to transgender individuals, nor has the term been applied to grant protection on the basis of an individual’s sexual orientation. There have been cases in which the Circuit Courts of Appeal have held that the protection afforded by Title VII extends to gender identity or sexual orientation, however these instances are limited, and often address only one category or the other, leaving substantial ambiguity and making this issue ripe for the Supreme Court.

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360 Hits

My Employer Questioned My Sick Time Off. Is This Legal?

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Sick Time Off

Have you taken time off from work for illness and your employer is questioning your actions or requiring proof of an illness? There are instances in which this is legal and times when it is not permitted. The rules governing what your employer can and cannot do depend on the type of leave you requested and your company’s overall time-off policy.

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419 Hits

Drug and Alcohol Addiction in the Workplace

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About Drug and Alcohol Addiction in the Workplace

The Americans with Disabilities Act (ADA) is designed to protect people with disabilities. Though many assume this pertains to alcohol and drug addiction, it only does under certain circumstances.

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372 Hits

Vilchez v. Violette’s cellar, LLC, Et Al. Civil Case No.: 18-cv-06832

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New York Employment Law Class and Collective Action filed in the Eastern District of New York

Vilchez v. Violette’s cellar, LLC, and Roberto Hernandez, individually Civil Case No.: 18-cv-06832

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462 Hits

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