The #MeToo movement has placed sexual harassment on the front pages of newspapers, has galvanized some states to reconsider their own sexual harassment laws, and has encouraged employers to take a closer look at their policies and procedures.
With such heightened awareness of sexual harassment, employers may feel an inclination to resolve doubts in favor of the accuser. A recent Second Circuit decision, however, illustrates a counterweight to this outlook.
In Menaker v. Hofstra University, the Second Circuit held that the target of a sexual harassment investigation may proceed with his own sex discrimination lawsuit against the university, under the theory that the investigation into his alleged misconduct was permeated with bias against men. This bias, he alleges, comes from the pressure universities may face to “favor the accusing female over the accused male,” in order to “demonstrate [their] commitment to protecting female students.”
The Allegations from Menaker’s Amended Complaint
In its opinion, the Second Circuit recited the following background about the case and the investigation, accepting the allegations of Menaker’s Amended Complaint as true since the district court had dismissed the case on a motion to dismiss.
In January 2016, Hofstra University hired Jeffrey Menaker as the head coach of the Men’s and Women’s Tennis teams. A few months after his hire, Michal Kaplan, a then-Freshman on the Women’s team, told Menaker that the previous head coach promised Kaplan that he would increase her 45-percent scholarship to a full scholarship before her Sophomore year, and Kaplan sought confirmation that Menaker would honor this commitment. Menaker, however, could not find record of such a promise. Accordingly, Menaker told Kaplan that he could not increase her scholarship for her Sophomore year, but expressed a willingness to do so for her Junior and Senior years.
Two months later, in July 2016, Hofstra received a Title IX complaint from attorneys representing Kaplan, alleging that Menaker subjected Kaplan to unwarranted sexual harassment and quid pro quo threats. Specifically, the complaint alleged that Menaker would comment on Kaplan’s menstrual cycle, would tell female players to dress nice and shave their legs, commented on Kaplan’s Facebook photographs, and sent Kaplan private Facebook messages with links to satirical YouTube videos concerning dating and relationships.
After receiving Kaplan’s complaint, Hofstra’s Deputy General Counsel, along with the Director of Athletics, summoned Menaker into a meeting, without advance notice or explanation, and questioned him about the manner in which he communicated with members of the Women’s Tennis team. They then showed him a copy of the complaint and asked him to collect copies of all communications he had with Kaplan. Menaker denied all of the allegations.
Over the next two months, Menaker provided Hofstra with copies of his communications with Kaplan and he suggested names of particular student-athletes he believed could provide information that would be useful to the investigation. Menaker alleges that the Director of Athletics confirmed that some of the allegations were untrue and stated to Menaker that the complaint was likely a “ploy by Kaplan’s parents, and that complaints such as Kaplan’s were not uncommon.” Menaker also alleges that he was told he would be provided a copy of the final investigative report.
On September 7, 2016, Hofstra fired Menaker, citing “unprofessional conduct.” The Vice President of Human Resources stated that although no single allegation was independently sufficient for termination, the university made the decision to fire him based on the “totality” of the allegations.
Menaker subsequently sued the university, claiming that his sex played a role in the termination because the university was motivated to demonstrate its commitment to protect female student-athletes from alleged male harassers.
Second Circuit’s Opinion
Menaker’s complaint was dismissed at the district court level for failure to state a claim. He appealed to the Second Circuit.
The Second Circuit disagreed with the district court’s analysis and held that Menaker stated a viable theory of sex discrimination. Central to this opinion was an evaluation of how Hofstra allegedly conducted the investigation into Kaplan’s complaint. The Court ruled that Hofstra’s deviation from its own investigative procedure supported Menaker’s theory that the university acted under pressure from a growing societal sentiment that colleges and universities need to take a stand against male-on-female sexual assault and harassment.
At the time of Kaplan’s complaint, Hofstra maintained a formal investigative process, outlined in its Harassment Policy. This procedure required the investigator to interview potential witnesses, allow the accused the right to submit a written response, and required the investigator to produce a written determination of reasonable cause.
Menaker alleged that Hofstra did not interview any of the witnesses he identified, that he was not given an opportunity to submit a written response, and that he was never provided a written investigative report outlining Hofstra’s conclusions. Such procedural irregularities, he argued, raised an inference that Hofstra was motivated, at least in part, by bias favoring the female accuser over the male accused.
Hofstra countered such allegations by positing that Menaker was not entitled to such procedural protections because he was ultimately fired for “unprofessional conduct,” not harassment. But the Second Circuit quickly disposed of that argument, explaining, “an employer cannot justify its abandonment of procedural protections by recharacterizing specific accusations in more generic terms.”
The Second Circuit also endorsed Menaker’s theory of “Cat’s Paw” vicarious liability. “Cat’s Paw” liability makes employers liable where non-decision-makers “manipulate an employer into acting as a mere conduit” for the non-decision-maker’s discriminatory intent.
Here, the Second Circuit reasoned, it is plausible that Hofstra, even if it was motivated solely by financial concerns or other legitimate reasons, served as a mere conduit for Kaplan’s alleged discriminatory intent against Menaker’s sex. Hofstra argued such a theory was inapplicable because Kaplan was a student, not an employee. But the Second Circuit disagreed. Title VII allows courts to impute liability to employers for the conduct of non-employees where the employer exercises a high degree of control over the behavior of the non-employee and the employer’s own negligence permits or facilitates that non-employee’s discrimination.
In this case, Hofstra exercised significant control over Kaplan because she was a student-athlete; Hofstra thus controlled her academic enrollment and athletic scholarship. And, the Second Circuit held, it was plausible that Hofstra’s deviance from its investigative process could support a finding that “its own negligence” permitted Kaplan’s alleged discriminatory design to effectuate Menaker’s termination.
Takeaways
The key takeaway from Menaker is to ensure managers, human resource personnel, and in-house counsel are well versed in the company’s written policies and procedures concerning sexual harassment investigations. Most importantly, employers should conduct such investigations in strict conformity with the written procedures. Deviations from procedure can support an inference of bias in either direction (to the accused or the accuser).
Hofstra may ultimately prevail after a factual record is developed. But the Second Circuit’s acknowledgement that men may bring their own claim of sex discrimination based, in part, on a belief that the employer was influenced by societal pressures to favor female accusers is an interesting development in Title VII caselaw and a reminder to employers to avoid deviations from written policies and procedures.
- Associate
Dan advises and represents businesses facing complex employment law issues. As part of his litigation practice, Dan represents employers in state and federal courts in discrimination, harassment, and retaliation lawsuits ...
- Senior Attorney
Randy represents management in all aspects of employer-employee relations. Randy’s practice focuses on employment litigation in federal and state courts and administrative practice before the Equal Employment Opportunity ...
Search
Recent Posts
Categories
Tags
- #MeToo
- 1094-C
- 1095-C
- 2017 Tax Act
- 2018 Budget
- 29 C.F.R. § 785.48
- 3rd Circuit
- 40 & Under Hot List
- 40 Under 40
- 408(b)(2)
- 4th Circuit Court of Appeals
- 5th Circuit
- 80/20
- 9th Circuit
- 9th Circuit Court of Appeals
- A Day Without A Woman
- AAP
- AB 1506
- AB 1522
- AB 1897
- AB 2257
- AB 2751
- AB 2770
- AB 304
- AB 465
- AB 5
- AB 51
- AB 685
- AB 84
- AB51
- Abbott
- ABC Test
- Abruzzo
- Absolute Healthcare
- ACA
- Accessibility
- Accommodation
- Accommodations
- ADA
- ADAAA
- Adam Rosser
- ADEA
- Administrative Agencies
- Administrative Exhaustion
- Administrative Law Judge
- Adverse Action
- Advice
- Advice Exception
- Affirmative Action
- Affordable Care Act
- AFL-CIO
- Age Discrimination
- Agency
- Agency Developments
- Agency Fees
- Agency Relationship
- Agency Updates
- Agreement
- AI
- Air Quality Index
- airline worker
- Alan Marcuis
- Alcohol Policy
- Alcoholism
- ALJ
- ALJ Bench Book
- Alternative to Termination
- Alvarado v. Cajun Operating Company
- Alyson Brown
- Amber Rogers
- Ambush Election
- Ambush Elections
- American Health Care Act
- American Lawyer
- American Steel
- American Taxpayer Relief Act of 2012
- Americans for Financial Reform
- Americans with Disabilities Act
- Amicus Brief
- Andy Stern
- Anna Burger
- Anna L. Rothschild
- Anti-Discrimination
- Anti-Harassment
- Anti-Harassment Training
- Anti-Poaching Agreements
- Antitrust
- APA
- Appeal
- Apprentice
- Apprenticeship Programs
- AQI
- Arbitral Deferal Standards
- Arbitration
- Arbitration Agreements
- Arbitration; Class Actions; Sexual Harassment; Employment; Retaliation
- ARRA
- Article III
- Article III Standing
- Artificial Intelligence
- Assembly Bill 51
- Assurances
- AT&T Mobility v. Concepcion
- Attorney-Client Privilege
- Audit CAP
- Awards
- Back to Work Emergency Ordinance
- Background Check
- Background Checks
- Backpay
- Ballots
- Ban The Box
- Bank Executives
- Banking
- Bankruptcy
- Banner Health Systems
- Bannering
- Bargaining Process
- Bargaining Unit
- Bargaining Units
- Bay Area Commuter Benefits Program
- Baylor
- Bellus Academy
- Benchmark Litigation
- Benefit Plans
- bereavement
- Biden Administration
- Biden Board
- Biden NLRB
- Biden Presidency
- Biden-rule
- Bill Halter
- Biometric Data
- Biometric Information
- Biometric Screening
- Biometrics
- BIPA
- Bitcoin
- Blacklisting
- Blanche Lincoln
- Blanket L-1
- Bloomberg Law
- Bob Quackenboss
- Boeing
- Bone Marrow Donor
- Bonus Plan
- Bostock
- Boston Business Journal
- Bowman
- Braille
- Breach of Fiduciary Duty
- Break Time
- Breaks
- Brett Burns
- Brian Hayes
- Bright v. 99 Cents Only Store
- Brinker
- Broken Laws, Unprotected Workers
- Brooke Hollmann
- Browning-Ferris
- Budde v. Kane County Preserve
- Budtender
- Burns Successor
- Business Closure
- Business Continuity
- Business Interruption Coverage
- business necessity
- Business Suspension
- Buy-Sell Agreements
- CACI
- CADA
- Cadillac Tax
- Caesars
- CAFA
- Cafeteria Plan
- Cal-OSHA
- Cal/OSHA
- California
- California Civil Rights Department
- California Department of Public Health
- California Developments
- California Employers
- California Employment Law
- California Employment Laws
- California Face Covering Guidance
- California Fair Pay Act
- California Kin Care Laws
- California Labor Code
- California Labor Code section 432.3
- California Law
- California Leave
- California Legislation
- California Non-Compete Agreements
- California Occupational Safety and Health Standards Board
- California Supreme Court
- California Supreme Courts
- California Transparency in Supply Chain Act
- California Wages
- California Wildfires
- California Worker Adjustment and Retraining Notification Act
- Call to Action on Jobs
- CalOSHA
- Cannabis
- Cannabis Laws
- Cannabis Oil
- Card Check
- Card Checks
- CARES Act
- Cats Paw
- CBA
- CBD Laws
- CCP Section 998
- CCPA
- CCRAA
- CDC
- Cell Phone Ban
- Centers for Disease Control and Prevention
- cert
- Certification
- Certification Analysis
- certiorari
- CFPB
- CFRA
- Chai Feldblum
- Chairman McFerran
- Chamber of Commerce
- Chambers USA
- Change to Win
- Charge Statistics
- Checking Employee Temperature
- Chevron
- Child Care Benefits
- Chris Pardo
- Christopher M. Pardo
- Christopher Pardo
- Christopher v. SmithKline Beecham
- Circuit Split
- City Ordinances
- City Ordinances; Non-compete; Restrictive Covenants; District of Columbia
- Civil Procedure
- Civil Rights
- Civil Rights Act
- Claims-Processing
- Class Action
- Class Action Waiver
- Class Action Waviers
- Class Actions
- Class actions; collective Actions; Arbitration
- Class Arbitration
- Class Certification
- class of workers
- Class Representatives
- CLE
- Clean Air Act
- Client Employer
- Close Contact
- Closure
- Cloth Face Covering
- COBRA
- Code of Conduct
- Coercion
- Collective Action
- Collective Actions
- Collective Bargaining
- Collective Bargaining Agreement
- collective-bargaining
- collective-bargaining agreement
- Colorado
- Colorado’s Antidiscrimination Act
- Commonality Requirement
- Community Health Systems
- Commute Time
- Commuter Benefits
- Companionship Services
- Company Policies
- Compensation
- compensation analysis
- Compensation Data
- Compensation Data Collection
- Compensation Discrimination
- Compensation Excise Tax
- Compensation Policies
- complex litigation
- Compliance
- Component 2
- Concerted Activity
- Conciliation
- Concrete Injury
- Conditional Certification
- Condominiums
- Confidential Information
- Confidentiality
- Confidentiality Agreements
- Confidentiality Policies
- Confidentiality Policy
- Congress
- Consent
- Consequential Damages
- Construction
- Consumer Financial Protection
- Consumer Report
- Consumer Reporting Agency
- Consumer Reports
- Consumer Rights
- Contingency Plan
- Contraception Mandate
- Contract Bar Doctrine
- Contract Workers
- Convertino
- corona virus
- Coronavirus
- Coronavirus/COVID-19
- Corporate Counsel
- Corporate Governance
- Court of Appeals
- coverage penalty
- Covered Businesses
- Covered Service Provider
- COVID
- COVID 19 Tests and Vaccines
- Covid-10
- COVID-19
- COVID-19 Guidance
- Craig Becker
- Craig Leen
- Credit Checks
- Credit Report
- Criminal Background Check
- Criminal Background Checks
- Criminal Conviction
- Criminal History
- Criminal History Discrimination
- Critical Infrastructure
- Cryptocurrency
- CSAL
- Curaleaf
- D&
- D.R. Horton
- DADT
- Daily Journal
- Dallas Business Journal
- Dallas Paid Sick Leave
- Damages
- Dana. Corp
- Daniel J. Grucza
- Data
- Data Collection
- Data Security
- Daubert
- David Lopez
- David Michaels
- Day of Rest
- day rate
- DC Circuit
- De Minimus Doctrine
- DE&I
- Debt Ceiling
- Decertification
- Defamation
- Deferral
- Definitions
- DEI
- Deliberative Process
- Delivery Drivers
- Department of Fair Employment and Housing
- Department of Homeland Security
- Department of Justice
- Department of Labor
- DFEH
- DHS
- Direct Care Workers
- Direct Deposit
- Directive 2018-01
- Directive 2018-02
- Directive 2018-03
- Directive 2018-04
- Directive 2018-05
- Directive 2018-06
- Directive 2018-07
- Directive 2018-08
- Directive 2018-09
- Disability
- Disability Accommodations
- Disability Disclosure
- Disability Discrimination
- Disability Leave
- Disclosure
- Disclosure Requirements
- Discovery
- Discrimination
- Dismissal and Notice of Rights
- Disparate Impact
- Dispute Resolution
- Distracted Driving
- Distribution Policy
- District of Columbia
- Diversity & Inclusion
- Diversity and Inclusion
- DLSE
- DOD
- DOD Act
- Dodd-Frank
- DOJ
- DOL
- DOL Guidance
- DOL Regulations
- DOMA
- Domestic Violence
- Domestic Workers
- Domino’s
- Donald Trump
- Donning and Doffing
- Doug Parker
- Dreadlocks
- Drei Munar
- Dress Code
- Dress Policies
- Drug Testing
- Drugs
- DSM
- DTSA
- Dues Checkoff
- dues deduction
- dues-checkoff
- Dukes v. Wal-Mart
- DuPont
- Duty of Fair Representation
- Duty to Bargain
- Duty to Defend
- E-3
- E-Verify
- EARN
- Earned Sick Time Act
- Ebola
- EBSA
- Economic Damages
- Economic Exigency
- Economic Loss Rule
- Economic Realities
- EEO-1
- EEO-1 Reporting
- EEOC
- EEOC Developments
- EEOC Explore
- EEOC Proposed Rules
- EEOC v. Burlington
- EEOC v. Simbaki
- EEOC v. United Parcel Service
- EEOC; EEO-1; Pay Data
- Effects Bargaining
- Election
- Election Rule
- Election Rules
- Elections
- Electronic Communications
- Electronic Communications Policy
- Electronic Data
- Electronic Disclosure Regulations
- Electronic Representation Elections
- Electronic Signature
- Electronic Timesheet
- Electronic Voting
- Eleventh Circuit
- Eliason
- Elizabeth Dougherty
- Email Policies
- Emergency Ambulance Employee Safety and Preparedness Act
- Emergency Exception
- Emergency Family and Medical Leave Expansion Act
- Emergency Family Medical Leave Expansion Act
- Emergency Paid Sick Leave
- Emergency Temporary Standard
- Emergency Temporary Standards
- Emily Burkhardt Vicente
- EMPA
- Employee
- Employee Agreements
- Employee Benefits
- Employee Benefits Academy
- Employee Classification
- Employee Classification; Wage and Hour; Labor Unions
- employee compensation
- Employee Confidentiality
- Employee Contact Information
- Employee Credit Privacy Act
- Employee Data
- Employee Discipline
- Employee Expenses
- Employee Handbook
- Employee Handbooks
- Employee Information
- Employee Leave
- Employee Misclassification Prevention Act
- Employee Misconduct
- employee notice
- Employee Privacy
- Employee Raiding
- Employee Representative
- Employee Rights
- Employee Rights Poster
- employee termination
- Employee Theft
- Employer
- Employer Mandate
- Employer Penalty
- employer shared responsibility
- Employment
- Employment Agreements
- Employment Contract
- Employment Contracts
- Employment Discrimination
- Employment Eligibility
- Employment law
- Employment Litigation
- Employment Policies
- Employment Policies; Labor Unions; Unions; NLRB
- Employment Practices Liability
- Employment Records
- Employment Suspension
- Employment Terms
- Encino Motorcars
- ENDA
- Enforcement
- English Only Policy
- Enhanced Government Enforcement
- EPCRS
- Epic Systems
- Epidemic
- EPLI
- Equal Employment Opportunity Commission
- Equal Pay
- Equal Pay Act
- Equal Pay Report
- Equal Protection
- Equal/Fair Pay
- Equitable Tolling
- Ergonomics
- ERISA
- ESA
- ESG
- Essential Business
- Essential Critical Infrastructure Worker
- Essential Employees
- Ethics
- ETS
- Event Cancellation
- Event Cancellation Insurance
- Events
- Evidentiary Requirements
- Excelsior List
- Excess Compensation Tax
- Excess Severance Tax
- Exclusion
- Exclusions
- Executive Compensation
- Executive Order
- Executive Order 11246
- Executive Order 13665
- Executive Order 13672
- Executive Order 13673
- Executive Order 13706
- Executive Orders
- Exempt
- Exempt/Non-Exempt Status
- Exemption
- exemptions
- Exhaustion
- Expense Reimbursement
- Expense Reimbursements
- Expressive Conduct
- extension
- F-1
- FAA
- FAAAA
- Face Covering
- Face Mask
- Failed Adoption
- Failed Surrogacy
- Failure to State a Claim
- Fair Chance Act
- Fair Credit Reporting Act
- Fair Employment Opportunity Act of 2011
- Fair Labor Standards Act
- Fair Pay
- Fair Pay Act
- Fair Pay and Safe Workplaces
- Fair Playing Field Act
- Fair Representation
- Fair Share
- Fair Wages for Workers with Disabilities Act
- Fairness for All Marylanders Act
- Families First Act
- Families First Coronavirus Response Act
- Family Care
- Family Friendly Workplace Ordinance
- Family Leave
- Family Responsibilities
- FAR Council
- Farmers Pride
- FASA
- FCPA
- FCRA
- Federal Acquisition Regulations
- Federal Agencies
- Federal Agency Rulemaking
- Federal Arbitration Act
- Federal Arbitration Association
- Federal Budget
- Federal Contract Compliance
- Federal Contractors
- federal court
- Federal Government Shutdown
- Federal Reserve
- Federal Rules of Appellate Procedure
- Federal Rules of Civil Procedure
- Federal Subcontractors
- Fee Disclosures
- FEHA
- FFCRA
- FICA
- Fiduciary
- Fiduciary Fees
- Fifth Circuit
- Fifth Circuit. Wage and hour
- Fight for 15
- Final Pay
- Final Rule
- Final Rulemaking
- Financial Institutions
- Financial Privacy
- Financial Reform
- Financial Services
- Financial Speculation Tax
- Fingerprinting
- Firearm Policies
- Firefighters
- First Amendment
- Flatbush Gardens
- Flexible Flyer
- Flexible Spending Account
- Float
- Florida
- FLSA
- FLSA Settlement Agreements
- FLSA/Wage & Hour
- FLSA; Collective Action; Class Action; Supreme Court; Sixth Circuit; Arbitration; NLRB
- Flu Vaccine
- FMLA
- FMLA/Leaves of Absence
- FOIA
- Food Safety
- Food Services
- Footwear
- Form 1094-B
- Form 1094-C
- Form 1095-B
- Form 1095-C
- Form I-9
- Form W-2
- Fourth Circuit
- FPIIS
- FPUC
- Franchise
- Franchise Rule
- Franchisee
- Franchisor
- Franchisor Liability
- Franchisor/Franchisee
- Fraud Detection and National Security Directorate
- FRD
- Free Speech
- Freelance Worker Protection Act
- Front Pay
- FRSA
- FSA
- FSIS
- FSMA
- FTC
- Furlough
- FUTA
- Garnishment
- Gary Enis
- Gavin Newsom
- Gender Discrimination
- Gender dysphoria
- Gender Identity
- Gender Stereotype
- Gender Sterotype
- General Counsel
- General Counsel Memo
- General Jurisdiction
- General Liability Insurance Policy
- Genetic Information
- Georgia
- Gig-Economy
- GINA
- GINA Proposed Rules
- good faith offer
- Government Contractors
- Government Contracts
- Government Enforcement
- Government Litigation
- Government Shutdown
- Graphic Designer
- Gratuities
- Gratuity
- Greg Robertson
- Gregory B. Robertson
- Grievance Settlement Agreements
- Grooming Policies
- Gross Negligence
- Gross v. FBL Financial Services
- Group Health Plans
- Guidance
- Guide for Employers
- Guide for Wounded Veterans
- Guns
- H-1B
- H-1B Visa
- H-1B1
- H.R. 3200
- H.R. 4173
- H.R. 674
- Hair Discrimination
- Hampton Roads
- Hanover Insurance
- Harassment
- Harassment Policies
- Harassment Prevention
- Harassment Training
- Hardship Distribution
- Harvard
- HazCom
- HB 2127
- Health Care
- health care reform
- Health Coverage Reporting
- Health Insurance Carriers
- Health Insurance Exchange
- Health Plan Identifier
- Health Plans
- Health Reimbursement Arrangements
- Health Risk Assessment
- Health Workplaces
- Healthcare
- Healthy
- Healthy Families Act of 2014
- Heat
- Heat Rule
- Helix
- Hewitt
- HHS
- highly-compensated
- Hilda Solis
- HIPAA
- HIPAA Wellness Rules
- hiring
- Hiring and Monitoring Employees
- Hiring Policies
- Hiring Practices
- Hiring Test
- Holly Wiliamson
- Holly Williamson
- Home Care Workers
- Hostile Work Environment
- Hotel Industry
- Hotel Workers
- Hotels
- Hourly Wage
- Hourly Workers
- Hours Worked
- HPID
- HR 620
- HRA
- HRAs
- Human Capital Rule
- Human Trafficking
- Hunton Andrews Kurth
- Hy-Brand
- I-9
- I2P2
- Ian Band
- ICE
- ICRAA
- IGT
- Illinois Drug Law
- Illinois Secure Choice Savings Program Act
- Immigration
- Immigration & Customs Enforcement
- Immigration and Nationality Law Blog
- Immigration Ban
- Immunity Notice
- Implied Consent
- In Loco Parentis
- In-home Care
- In-Plan Roth Rollover
- Inclusive Communities Project
- Independent Contractor
- Independent Contractors
- Indoor Airspace
- Industry Shutdown
- Inevitable Disclosure
- Infectious Period
- Inflatable Rat
- Influence & Power in Law Awards
- Injury-in-Fact
- Institute for Workplace Equality
- Insurance Agents
- Insurance Coverage
- Insurance Recovery
- Interactive Process
- Interlocutory
- Intermittent Leave
- International Game
- Interns
- Interpretation Letters
- Interrogation
- Invasion of Privacy
- Invention
- Investigations
- Investigatory Interview
- Iqbal
- IRS
- IRS Notice 2019-18
- Iskanian
- Isolation
- Itemized Listing
- J-1
- Jacqueline Berrien
- Jan Brewer
- Jarkesy
- Job Killers of 2019
- Job Posting
- Job postings
- Johnny Isakson
- Johnson & Johnson
- Joinder
- Joint Employer
- Joint Employment
- Jordan Barab
- Joy Silk
- Juan Enjamio
- Judge Hudson
- Judicial Estoppel
- Judicial Records
- Julia Trankiem
- Julia Trankiem; Los Angeles Business Journal; Awards
- Jurisdiction
- Jurisdictional Prerequisite
- Justin F. Paget
- Katherine Sandberg
- Katie Cole
- Kentucky River
- Kevin M. Eckhardt
- Kevin White
- Kin Care Law
- Knowles
- Kurt Larkin
- Kurt Powell
- L-1
- LA Times
- LABJ
- Labor
- Labor and Employment
- Labor and Pensions
- Labor and Workforce Development Agency
- Labor Certification
- Labor Code
- Labor Code Private Attorneys General Act of 2004
- Labor Code Section 558
- Labor Code §2801
- Labor Contractor Employee Report
- Labor Dispute
- Labor law
- Labor Management Relations Act
- Labor Regulations
- Labor Relations
- Labor Rights
- Labor Unions
- Labor-Management Relations
- Lactation Policies
- Lafe Solomon
- Lanham Act
- Lawdragon
- Layoff
- Layoff Avoidance
- Leadership Atlanta
- Leave
- Leave Law
- Leaves of Absence
- Legal 500
- Legal Standing
- Legislation
- Legislative (federal & State) Developments
- Legislative (Federal and State) Developments
- Legislative Developments
- legislative updates
- Lewis v. City of Chicago
- LGBT
- LGBT Rights
- LGBTQ
- LGBTQ Rights
- LGBTQ+
- Liability
- Lieselot Whitbeck
- LiftFund
- Light Duty
- Lilly Ledbetter Act
- Lincoln Lutheran
- Linda Puchala
- Lloyds
- LMRA
- LMRDA
- Local Ordinances
- Loper-Bright
- Los Angeles
- Los Angeles Business Journal
- Los Angeles County
- Los Angeles County Board of Supervisors
- Los Angeles Fair Chance Initiative for Hiring
- Los Angeles Times
- Loss of Business Income
- Lung Disease
- Lutheran Heritage
- Lyft
- M-1
- M. Brett Burns
- Mach Mining
- machine learning
- Machine-Learning
- Mail Ballot
- Majority
- manageability
- Manager Rule
- mandate
- mandates
- Mandatory Closure
- Mandatory Vaccination
- Mariana Aguliar
- Marijuana
- Marijuana Laws
- Marijuana Possession
- Mark Pearce
- Marvin E. Kaplan
- Mary Kay Henry
- mask
- Mass Layoff
- Massachusetts
- Massachusetts Super Lawyer
- Massachusetts Wage Act
- Masterpiece Cakeshop
- McDonnell Douglas v. Green
- McLaren Macomb
- McReynolds v. Merrill Lynch
- Meal and Rest Breaks
- meal breaks
- Meal Period
- Meal Periods
- Meat Processing
- Med Trends
- Media Policies
- Media Policy
- Mediation
- Medical Clinics
- medical examinations
- Medical Marijuana
- Medical Records
- Medicare Tax
- Member Kaplan
- Member Ring
- Memo
- Memorandum
- Memorandum GC 19-01
- Mere Negligence
- Mexican Ministry of Foreign Affairs
- Michael Levine
- Michele Beilke
- Micro Units
- Micro-Unions
- Middle Class Task Force
- Middle Class Tax Relief and Job Creation Act
- Military Leave
- Millea v. Metro-North Railroad
- Miller & Anderson
- Minimum Wage
- Miscarriage
- Misclassification
- Missouri
- Mitigation
- Mixed Motive
- Mobile Application
- Mobility
- Model Employer
- Mootness
- Motion to Dismiss
- MSPA
- Mulhall v. UNITE HERE
- Musculoskeletal Disorders
- NADAA
- Natalie Tynan
- National Emphasis Program
- National Labor Relations Act
- National Labor Relations Board
- National Law Journal
- National Law Review
- National Mediation Board
- National Origin
- National Origin Discrimination
- National Retail Federation
- NCAA
- NDA
- NDAA
- Nebraska
- Negligence
- Neil Gorsuch
- Neutrality
- Nevada
- New Jersey
- new law
- New Legislation
- New Process Steel
- New Star
- New York
- New York City
- New York City Human Rights Law
- New York Employment Laws
- New York Essential Business
- New York Human Rights Law
- New York Law
- New York Local Law 50
- New York Paid Vaccination Leave
- News & Events
- Ninth Circuit
- NLRA
- NLRB
- NLRB Poster
- NLRB; NLRA; Labor Law; Union; Collective Bargaining; Workplace Rights
- NLRB; Property Rights; Misclassification
- NLRB; Union; Collective Bargaining Agreement
- No-Poach Agreements
- No-Rehire
- Noah’s Ark
- Noel Canning
- non-binary
- Non-Compete
- Non-Compete Agreements
- Non-Competes
- Non-disclosure
- Non-Disclosure Agreements
- Non-discrimination
- Non-disparagement
- Non-Unit Employees
- Nonbinary Gender
- noncompete agreements
- Nondisclosure
- Notice 2010-84
- Notice 2012-9
- Notice 2013-74
- Notice 2014-19
- notice requirements
- NRLB
- NUHW
- Numerosity
- Numerosity Requirement
- Nursing Mothers
- NYC
- NYCHRL
- Oakwood Healthcare
- Obamacare
- Obergefell v. Hodges
- Obesity
- Occupational Safety and Health Administration
- ODEP
- OFCCP
- OFCCP Compliance; Affirmative Action; Agency Developments; Veteran Hiring
- OFCCP Developments
- OFCCP v. Florida Hospital of Orlando
- Off Duty Conduct
- Off-label Marketing
- Off-the-Clock Work
- Offer Of Judgment
- Offshoring
- OLMS
- omicron
- Ondray Harris
- Ondray T. Harris
- Online Accessibility
- Opinion Letters
- Opiod
- Opportunity to Compete Act
- Ordinary Disease of Life
- Oregon
- Organ Donor
- Organizing
- Organizing and the NLRB
- OSHA
- OSHA Developments
- Outbreak
- Outsourcing
- Overtime
- overtime exemption
- Overtime Exemptions
- Overtime Pay
- Overtime Regulations
- Overtime Rule
- Overtime Wages
- OWBPA
- Oxford Health Plans
- PAGA
- Paid Family Leave
- Paid Family Medical Leave
- Paid Interns
- Paid Leave
- Paid Sick Leave
- paid time off
- Paid Vaccine Leave
- Pandemic
- Pandemic Unemployment Assistance
- Parental Leave
- Patent
- Patient Protection and Affordable Care Act
- Patricia Shiu
- Pattern and Practice
- Paulsen v. Renaissance Equity Holdings
- Pay
- Pay and Promotions
- Pay Data
- pay disclosure
- Pay Discrimination
- Pay Equity
- Pay Reporting
- pay scale
- Pay Secrecy
- Pay Transparency
- Pay/Compensation
- Paycheck Deductions
- Paycheck Fairness Act
- Paycheck Protection Program
- Payroll Audit Independent Determination Program
- Payroll Debit Cards
- Payroll Taxes
- PBGC
- PCA
- PCC Structurals
- PCORI
- PDLL
- Penalties
- Penalty
- Pennsylvania
- Pennsylvania Minimum Wage Act
- Pension Plans
- Peoplemark
- PeopleSmart
- Perfectly Clear Doctrine
- Perfectly Clear Successor
- Performance and Accountability Report
- Period of Restoration
- Personal Jurisdiction
- Personal Jurisdiction; FLSA; Class Actions; Collective Action; General Jurisdiction; Specific Jurisdiction; Rule 23
- Personnel Policies
- Personnel Records
- Persuader Activity
- Persuader Agreements
- Persuader Rule
- Peter B. Robb
- Peter Schaumber
- Peter Sung Ohr
- Petition
- PEUC
- Phaladelphia Fair Practices Ordinance
- Philadelphia
- Pier 1 Imports
- Pitts v. Terrible Herbst
- Pizza Hut
- PLA
- plan sponsors
- Policies
- Portal-to-Portal Act
- Position Statement
- Post-Accident
- Poster Rule
- POWADA
- Poway Academy
- PPACA
- PPACA Checklist
- PPACA Timeline
- Practical Training
- Pre-Adverse Action Notice
- Pre-Adverse Action Requirements
- Precedent
- Predictable Scheduling
- Preemption
- Pregnancy Disability Leave
- Pregnancy Discrimination
- Pregnancy Discrimination Act
- Pregnancy Leave
- Pregnant Workers Fairness Act
- Preliminary Injunction
- Premium Pay
- Prenatal Leave
- Prescription Drug
- Prescription Drugs
- Prescription Medication
- Prevailing Wage
- Primary Beneficiary Test
- Prior Salary
- Privacy
- Private Equity Fund
- Privilege
- PRO Act
- Procedure
- Profanity
- Professional Responsibility
- Profiles in Diversity
- Progressive Discipline
- prohibition
- project labor agreement
- Property Rights
- Proposed Rule
- Proposed Rulemaking
- Proposed Rules
- Proposition 22
- Protected Activities
- Protected Activity
- Protected Concerted Activity
- Protecting Older Workers Against Discrimination Act
- Protective Order
- Protest
- provision
- PTO
- Public Accommodation
- Public Accommodations
- Public Bargaining
- Public Charge
- Public Entity
- Public Policy
- PUMP Act
- Punitive Damages
- Purchase Agreements
- Purple Communications
- PWFA
- Qualified Plans
- Quarantine
- Questioning
- Quickie Election
- Quickie Elections
- Race Discrimination
- Racial Equity
- Range
- Raytheon
- Reasonable Accommodation
- Reasonable Accommodations
- Recess Appointments
- Recordkeeping
- recruiting
- Reduction-in-Force
- Register Guard
- Regular Rate
- Regular Rate of Pay
- Regulation
- Regulations
- Regulatory Compliance
- Rehabilitation Act
- Reilly Moore
- Reimbursement
- Reimbursements
- release
- Religion
- Religious Accommodation
- Religious accommodation; Title VII; SCOTUS; Supreme Court; Third Circuit
- Religious Accommodations
- Religious Beliefs
- Religious Discrimination
- Religious Freedom Restoration Act
- Religious Institutions
- remedies
- Remote Work
- remote workforce
- Reopen Workplace
- Reopening Business
- Reopening Workplace
- Repeal
- report
- Reporting
- Reporting of Group Health Plans
- Reporting Pay
- Representation Election
- Representation Elections
- Representation Fairness Restoration Act
- Reprisal
- Reproductive Loss Event
- Reproductive Loss Leave
- Reproductive Rights
- Rescind
- RESPECT Act
- rest breaks
- Restaurant
- Restaurant Industry
- Restaurants
- Restoring Balance and Fairness to the National Labor Relations Board
- restriction
- Restrictive Covenants
- Restrictive Covenants Act
- Retail
- Retail Litigation Center
- Retaliation
- Retirement Plans
- Retirement Savings
- Return to Work
- Revenue Procedure 2013-12
- Revenue Ruling 2014-9
- Ricci v. DeStefano
- Richard Griffin
- RICO
- RIF
- RIFs
- right of first refusal
- Right to Disconnect
- Right to Know
- Right to Work
- Right-To-Sue
- Rising Star
- Rite Aid and Lamons Gasket
- Robert Quackenboss
- Roland Juarez
- Roland Juarez; Los Angeles Business Journal
- Roland M. Juarez
- Rollovers
- Roth
- Rounding Policy
- Rounding Time
- Rule 23
- Rule 68 Offer
- Rule-Making
- Rulemaking
- Ryan A. Glasgow
- Ryan Bates
- Ryan Glasgow
- Sabbath
- Safety
- Safety Incentives
- Salary
- Salary Basis Test
- Salary History
- Salary History Bans
- Salary History Inquiries
- Salary Inquiry
- Salary Reduction
- Sales Commissions
- Same-Sex
- Same-sex couples
- San Francisco
- San Francisco Fair Chance Ordinance
- Sanjee Weliwitigoda
- Sara Harlow
- Sarbanes-Oxley
- SB 459
- SB 553
- SB 95
- SB-973
- SBA
- SBC
- SCA
- Scabby
- Scale
- Scheduling Letter
- Schneiderman
- School Closings
- Scope Of Coverage
- Scott Brown
- Scott H. Kimpel
- Scott Nelson
- SCOTUS
- Sealed Records
- SEC
- Second Circuit
- Secondary Boycotts
- Section 125
- Section 1557
- Section 1983
- Section 203
- Section 2802
- Section 302
- Section 7
- Section 7 Rights
- Secure Scheduling
- Security
- Security Screenings
- Seff v. Broward County
- SEIU
- Self-Insured Health Plans
- Senate Bill 1162
- Separation Agreements
- Settlement
- Settlement Agreement
- Settlement Agreements
- Settlement Disclosure
- Seventh Circuit
- severance
- Severance Agreements
- Severance Payments
- Severe Injury Report
- Sex Discrimination
- Sexual Harassment
- Sexual Orientation
- SFFA
- Shaena Rowland
- Shannon S. Broome
- Sharon Block
- Sharon Goodwyn
- Shelter in Place
- Short-Time Compensation Program
- Shutdowns
- Sick Leave
- Sick Pay
- Silica Standards
- Single employer
- SIR Dashboard
- Sixth Circuit
- Slow the Spread
- Social Distancing
- Social Media
- Social Media Evidence
- Social Media Policy
- Solicitation Policy
- Solicitation/Distribution Policy
- Southern California Pizza Co.
- Speak Out Act
- Specialty Healthcare
- Specific Jurisdiction
- Spirituality Programs
- Spokeo
- Spoliation
- Spousal Rights
- Standard of Review
- Standing
- Staples
- Starbucks
- state court
- state legislation
- Statistical Audits
- Statute of Limitations
- Statute of Repose
- Statutes of Limitations
- Staub v. Proctor Hospital
- Stay Violations
- Steering Claims
- STEM
- Stengart v. Loving Care Agency
- Stephen Pattison
- Stewart Acuff
- Stillborn
- Strategic Objectives
- Strategic Plan
- Stray Markings
- Stray Remarks
- Strike
- Strike Plans
- Strike Tactics
- Students for Fair Admissions
- SUB Payments
- Subcommittee on Health
- Subject-Matter Jurisdiction
- Subpoena
- Subpoena Duces Tecum
- Substantial Compliance
- Successor Bargaining Duty
- Successor Company
- Successor Employer
- Successor Employer Duty to Bargain
- Successor Liability
- Suitable Seating
- Summary of Benefits and Coverage
- Super Lawyers
- Supervisor
- Supplemental Paid Sick Leave
- Supply Chain
- Supreme Court
- Susan Wiltsie
- Suspension
- Suzan Kern
- Systemic Discrimination
- Systemic Enforcement
- Taxpayer Responsibility Accountability and Consistency Act
- TCPA
- Technatomy Corporation
- Telecommuting
- Telephone Consumer Protection Act
- Telework
- Temporary Employees
- Temporary Reinsurance Program
- Temporary Workers
- Tenth Circuit
- Terence Connor
- Terrence Flynn
- Tesla
- Test Factor
- Testing
- Texas
- Texas Constitution
- Texas Lawyer
- Texas Legal Awards
- Texas Mutual v. Ruttiger
- Texas Regulatory Consistency Act
- Texting
- The Board
- The Boeing Company
- The Opportunity to Work Ordinance
- Third Circuit
- Third-party Liability
- Thompson v. North American Stainless
- Thriving in Their 40s
- Time Rounding
- Timekeeping
- Tip
- Tip Credit
- Tip Pooling
- Tip Sharing
- Tipped Employees
- Tipped Workers
- Tipping Policies
- Tips
- Title III
- Title IX
- Title VII
- Title VII of the Civil Rights Act of 1964
- Tolling
- Top Insurance Cases
- TRAC
- Trade Secrets
- Trade Secrets & Non-Competes
- Trademark
- Traditional labor
- Trailblazer
- Training
- Training Programs
- Transgender
- Transgender Rights
- Transparency
- TransUnion
- Tratree
- Traxler v. Multnomah County
- Trial Management
- TRICARE
- Trucking Industry
- Trump Administration
- Trump Rule
- Tyler S. Laughinghouse
- Typicality Requirement
- U.S. Senate
- U.S. Senate Finance Committee
- UAW
- Uber
- Uber Drivers
- ULP
- ULP Charge
- UNC
- Unconscionability Doctrine
- Undocumented Workers
- undue hardship
- Unemployment
- Unemployment Benefits
- Unemployment Compensation
- Unemployment Discrimination
- Unemployment Insurance
- Unfair Labor Charge
- Unfair Labor Practice
- Unfair Labor Practices
- Uniform Glossary
- Unilateral Change
- Union
- Union Apparel
- Union Button
- Union Dues
- Union Election
- Union Elections
- Union Information Request
- Union Insignia
- Union Logo
- Union Organizing
- Union Organizing and the NLRB
- Union Rat
- Union Representation
- Union Representation Elections
- Union Sticker
- Unions
- United States v. Windsor
- University of North Carolina
- Unlawful Insistence
- Unlimited Vacation
- Unsuccessful Assisted Reproduction
- UPMC Braddock
- US Chamber of Commerce
- US Supreme Court
- USAction
- USCIS
- USDA
- Use or Lose Rule
- USERRA
- Vacation
- Vacation Pay
- Vacation Scheduling
- Vaccination
- Vaccine
- Vaccine Incentives
- Vaccines
- Valley Hospital Medical Center
- Variant
- VBA
- VCP
- Venue
- Veterans Preference Act
- VETS-100A
- VETS-4212
- VEVRAA
- Victoria Lipnic
- Video
- Viking River
- Virginia
- Virginia Business Magazine
- Virginia Center for Inclusive Communities
- Virginia Employment Legislation
- Virginia Human Rights Act
- Virginia Labor Law
- Virginia Law
- Virginia Lawyers Weekly
- Virginia Marijuana Laws
- Virginia Overtime Wage Act
- Virginia Wage Payment Act
- Virginial Lawyers Weekly
- Virus
- Visa Waiver
- Vital Industry
- Volks Rule
- Voluntary Incentive
- Voter List
- VW
- Wage & Hour
- Wage and Hour
- Wage and Hour Exclusion
- Wage Equality Act
- Wage Fixing
- Wage Inquiries
- Wage Investigation
- Wage Payment
- Wage Penalties
- Wage Reduction
- Wage Statement
- Wage Theft
- Wage Theft Prevention Act
- Wage Transparency
- Waiter
- Waiting Period Rules
- Waiver
- Waivers
- walk around
- Walling v. Portland Terminal
- Wang v. Chinese Daily News
- WARN
- WARN Act
- Washington DC
- We Can Help
- Weapons
- Web Accessibility
- Web Designer
- Webinar
- Website
- Website Accessibility
- Weight Restrictions
- Weingarten
- Wellness Programs
- Wesson
- West Virginia Workplace Freedom Act
- WHD
- Whistleblower
- Whistleblowers
- White Collar Exemption
- William Emanuel
- William J. Emanuel
- Wilma Liebman
- Windsor Decision
- Withdrawal of Recognition
- withholding requirements
- Witness Statements
- Women
- Women In Leadership
- Women of Influence
- Women’s Equality Act
- Work Schedule
- Work Transfers
- Work-Sharing
- Worker Misclassification
- Worker Protection
- Worker Safety
- Workers Bill of Rights
- Workers Compensation
- Workers' Compensation Insurance
- Workplace AI
- Workplace Diversity
- Workplace Investigations
- Workplace Monitoring
- Workplace Policies
- Workplace Privacy
- Workplace Rules
- Workplace Safety
- Workplace Technology
- Workplace Violence
- Workplace Violence Prevention
- WR Reserve
- Wrongful Discharge
- Year In Review
Authors
- Jessica N. Agostinho
- Walter J. Andrews
- Ian P. Band
- Ryan M. Bates
- Christy E. Bergstresser
- Theanna Bezney
- Jesse D. Borja
- Brian J. Bosworth
- Jason P. Brown
- M. Brett Burns
- Daniel J. Butler
- Christopher J. Cunio
- Jacqueline Del Villar
- Kimberlee W. DeWitt
- Steven J. DiBeneditto Jr.
- Robert T. Dumbacher
- Raychelle L. Eddings
- Elizabeth England
- Juan C. Enjamio
- Karen Jennings Evans
- Geoffrey B. Fehling
- Jason Feingertz
- Katherine Gallagher
- Ryan A. Glasgow
- Sharon S. Goodwyn
- Meredith Gregston
- Eileen Henderson
- Kirk A. Hornbeck
- J. Marshall Horton
- Roland M. Juarez
- Keenan Judge
- Suzan Kern
- Elizabeth King
- Stephen P. Kopstein
- Torsten M. Kracht
- James J. La Rocca
- Kurt G. Larkin
- Jordan Latham
- Tyler S. Laughinghouse
- Crawford C. LeBouef
- Michael S. Levine
- Michelle S. Lewis
- Brandon Marvisi
- Lorelie S. Masters
- Reilly C. Moore
- Michael J. Mueller
- J. Drei Munar
- Alyce Ogunsola
- Christopher M. Pardo
- Michael A. Pearlson
- Adriana A. Perez
- Kurt A. Powell
- Robert T. Quackenboss
- D. Andrew Quigley
- Michael Reed
- Jennifer A. Reith
- Amber M. Rogers
- Alexis Zavala Romero
- Zachary Roop
- Adam J. Rosser
- Katherine P. Sandberg
- Elizabeth L. Sherwood
- Cary D. Steklof
- C. Randolph Sullivan
- Veronica A. Torrejón
- Debra Urteaga
- Emily Burkhardt Vicente
- Kevin J. White
- Holly H. Williamson
- Susan F. Wiltsie