February 3, 2022

California Supreme Court Gives Preference to Employee-Friendly State Law Framework Rather Than Burden-Shifting Test Under Federal Law

On January 27, 2022, the California Supreme Court, the state’s highest court, penned a decision backing the use of state law when evaluating whistleblower retaliation claims brought under the state’s labor code as opposed to the burden-shifting test commonly used in federal discrimination cases.   Under Section 1102.6 of the California Labor Code, plaintiffs must […]

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January 7, 2022

COVID-19 Can Be A Disability, Per New EEOC Guidance

Since the term “Coronavirus” first entered the public lexicon, one of several questions to plague employees, employers, and employment attorneys alike has been: “Is COVID-19 a disability?”  The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued guidance on this very question, providing a both expected and unsatisfying answer: “Maybe.” In so many words, the EEOC’s […]

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January 6, 2022

What to Watch for in 2022: Will New York State Pass the Adult Survivors Act?

In January 2019, New York State passed the Child Victim’s Act (“CVA”), which provided survivors of child sexual abuse with a one-year window to file claims against their abusers and the institutions that enabled the abuse that otherwise were stale under the statute of limitations.  At the close of the window in August 2021 (the […]

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January 5, 2022

Coalition Group Seeks to Expand Unemployment Benefits for Undocumented Workers

In April 2020, in response to the COVID-19 pandemic, New York rolled out the Excluded Workers Fund, a program that made $2.1 billion available to undocumented workers who were ineligible to collect unemployment benefits due to their immigration status.  The program immediately proved popular as New York State’s Department of Labor received more than 900,000 […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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December 14, 2021

Supreme Court to Consider Enforceability of Arbitration Agreements Mid-Litigation, While Senate Democrats Try Yet Again to Chip Away at Forced Arbitration in Employment Disputes

Last month, the U.S. Supreme Court agreed to review a decision that could cut into the enforceability of arbitration agreements in the employment context.  The decision under review was issued by the Eighth Circuit Court of Appeals, which reversed a holding from an Iowa federal court refusing to enforce an arbitration agreement between Taco Bell […]

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