NELA Files Amicus Brief with U.S. Supreme Court in Support of Workers in James School v. Biel Discrimination Case

NELA Files Amicus Brief with U.S. Supreme Court in Support of Workers in James School v. Biel Discrimination Case

On March 11, 2020, the National Employment Lawyers Association (“NELA”) filed an amicus brief with the U.S. Supreme Court in St. James School v. Biel (consolidated with Our Lady Of Guadalupe School v. Morrissey-Berru (19-348 & 19-267)) urging the court to strike a delicate balance between religious organizations’ First Amendment rights and the right for workers to be free from discrimination in the workplace.

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FAQ: Employee Rights Regarding The Coronavirus Outbreak And Mandatory Quarantines

FAQ: Employee Rights Regarding The Coronavirus Outbreak And Mandatory Quarantines

The Coronavirus outbreak continues to spread with an ever-increasing number of deaths and infected individuals. Given how easily this disease spreads, authorities have imposed quarantines, such as on a cruise ship. But what happens if you have to miss work as a result of quarantine? What happens if an employer forces an employee to stay at home not as part of a formal quarantine but as a self-imposed isolation because the employer fears its employee may have been exposed to the virus somehow?

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The Vanishing Jury Trial: Fifth Circuit Continues To Be A Difficult Place To Get A Jury Trial In Discrimination Cases

Juries are meant to be the conscious of the community. Jury trials are the purest form of democracy in action. They act as a pressure relief valve of sorts for society and allow the people to have a say in determining what is acceptable behavior and what is not. By preventing the vast majority of discrimination cases from ever getting to a jury, the courts are effectively plugging up society’s pressure relief valve. And eventually, if things continue down this road, that pressure is likely to blow up.

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5th Circuit Reverses Summary Judgment Against Business Suing Another Business For Race Discrimination Under 42 U.S.C. 1981

The Fifth Circuit reversed the district court's dismissal of White Glove's racial discrimination claim, holding that White Glove did not need a racial identity to have standing to assert a 42 U.S.C. 1981 racial discrimination claim and White Glove has statutory standing to assert a section 1981 racial discrimination claim.

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Tennessee Grants State Workers 12 Weeks Of Paid Family Leave

Paid family leave is gaining traction across the country. Last month, President Donald Trump signed the National Defense Authorization Act that includes a provision that grants federal workers the right to take up to 12 weeks of paid leave for the birth or placement of a child. This month Tennessee’s governor signed an order that will provide paid family leave to that state’s employees starting March 1st.

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SCOTUS Argument Today re Causation Standard in Age Discrimination Cases

The Supreme Court will decide whether a plaintiff who files suit under that provision must prove that the federal government’s decision concerning their employment would have been different but for age discrimination, or whether the federal government is liable for age discrimination any time it considers an older worker’s age….

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Settlement Report: United Airlines Agrees To Pay 321,000 Plus Attorneys' Fees To Settle Sexually Harassing Conduct That Took Place Outside Of Work

United Airlines, Inc. has agreed to pay $321,000, plus attorney's fees, to settle a sexual harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission, the federal agency announced today.

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Most American Workers Still Pay The Price Of No Paid Parental Leave

The country's two million government employees will gain 12 weeks of paid parental leave as part of a defense bill that President Donald Trump signed into law on Friday. But it still leaves about 80% of U.S. workers in the private sector with no access to paid family leave. 

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Texas Supreme Court On Arbitrability Of Class Claims

Texas Supreme Court issued an opinion affirming the decision of the court of appeals affirming the judgment of the trial court declining to compel arbitration of class claims under the parties' arbitration agreement. This dispute was not an employment case but the same reasoning should apply to attempts by employers to force employment-related class claims into arbitration.

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Report: Wage Theft Still Rampant In Texas’ Rio Grande Valley

San Antonio Express News has an investigative report out today covering the rampant wage theft that still takes place against produce workers in the Rio Grand Valley: Fair pay a distant dream for produce packers in Rio Grande Valley

For two years, Jorge Perez Hernandez worked 12 to 18 hours a day, six days a week, in a small refrigerated warehouse here. He sorted fruit and vegetables from Mexico and repackaged them for distribution in the U.S.

***

“I came in at 8 a.m. and I left at 11 p.m. or 12 at night, with an (unpaid) hour for lunch and dinner,” he said. “Six days a week.”

And when they complain or report being underpaid…

“Sometimes he’d carry the gun, put it on the table so we could see it there, to intimidate us,” Perez Hernandez recalled.

De La Fuente heard about their complaint and fired all six workers, Galvan said.

***

Employers have coached workers to lie to investigators about their pay and working conditions, and in some cases have fired them for cooperating, court records show. In one case, a packing company reported an undocumented worker to U.S. immigration authorities to retaliate against the man for talking to investigators, according to court records.

And, the workers get the message…

After Fuentes Farms fired them, five of the six workers who had complained to the commission dropped their cases. They feared being blacklisted in the industry — or worse, deported.

The government can’t keep up, even with help from excellent public interest firms like Texas RioGrande Legal Aid.

Experts largely agree that the Department of Labor doesn’t have the resources to stay on top of the situation. Many workers say speaking up often means becoming unemployable.

In this border region of Texas, many undocumented workers struggle to feed their families, being abused by American companies while staying under the radar to avoid deportation. What keeps them going is their dream for future generations.

“They want their children to be educated,” he said.

His oldest child is 15, a sophomore in high school. Like his parents, he is undocumented. Unlike them, he speaks both English and Spanish. When he grows up, he wants to be a lawyer.

Study Finds that Employee Noncompete Restrictions Are Becoming A Dangerous Norm

A recent study conducted by the Economic Policy Institute found that between 28% to 46% of the private-sector workforce are required to sign noncompete agreements in order to keep their jobs. The study found that 49% of employers said they require at least some of their employees to sign noncompetes, while 31% reported that all of their employees were required to sign noncompetes…..

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Bill Proposed by Senator Elizabeth Warren would expand the FMLA by protecting part-time employees

Senator Elizabeth Warren has proposed a bill that would expand the protections provided by the FMLA to certain part-time employees of large companies. According to a summary of the proposal, the law would require employers with more than 500 employees to offer available hours to current, available, qualified part-time employees before hiring new workers…..

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