Workers’ Rights During a Layoff Where The Employer Files For Bankruptcy

The economic and social impact of COVID-19 has been devastating to our global workforce. With unprecedented mass layoffs and furloughs, millions of people are at risk of losing their livelihoods and falling into extreme poverty because of employer bankruptcy. Upon notice of a company’s intention to file for bankruptcy, it is crucial to determine what options may be available to an employee wanting to protect their claims against their employer. Here are action steps to protect yourself when facing a layoff because of company bankruptcy.

Hazard Pay for Heroes: Advocating Increased Pay for Those on the Front Lines of the COVID-19 Pandemic

Healthcare workers and first responders are forced to report to work, day after day, to battle the life-threatening COVID-19 virus. Sadly, there is no legal requirement that their employers provide them with hazard pay, despite the grave dangers they continue to face. What is hazard pay and how can it impact the workers putting their lives on the line to help infected patients?

The Families First Coronavirus Response Act – Good for Some Workers, but More Needs to be Done

The Families First Coronavirus Relief Act (FFCRA) is a step in the right direction to help workers impacted by COVID-19, but it doesn't do enough to assist all employees. More congressional action is needed to address the financial struggles left in the massive gaps of the FFCRA's protections.

I got COVID-19 at Work; Do I Qualify for Workers’ Compensation?

What can you do if you contract COVID-19 while on the job? Even though you can file a workers' compensation claim, you still have to prove how you contracted the virus. Those who have a greater exposure at work are more likely to qualify for workers’ compensation benefits than those who have the same likelihood of contracting the virus as the general public.

COVID-19 FAQs for Employees

COVID-19, also know as the CoronaVirus, is creating uncertain and unprecedented working conditions for employees. Workplaces are shutting down and temporarily laying off workers leaving many people with unanswered questions about their income and employment status. Many of these questions relate to the legality of situations. We've taken time to answer some frequently asked questions to ease your worrying during this troubling time.

Financial Struggles Due to COVID-19 Concerns? Unemployment Benefits May be Saving Grace for North Carolinians, But More Action is Needed

Given the recent pandemic due to COVID-19, many employees are concerned about their ability to earn an income if their workplace shuts its doors, or even if their hours are simply reduced - and rightfully so. Unfortunately, the law has some significant gaps when it comes to addressing such questions as these are unprecedented times that the law had not yet contemplated.

“Shifty” Employers Beware - inconsistent explanations for termination can prove discrimination even without "smoking gun"

Employers’ Use of Artificial Intelligence to Screen Applicants Can Raise Discrimination Alarms

Employers increasingly use artificial intelligence (“AI”) hiring programs to weed out applicants. These programs are the beginning stages of automating the recruiting arm of human resources.  Learn how AI recruiting software and using artificial intelligence in the hiring and selection process can discriminate against applicants in protected classes.

Independent Contractor or Employee? How Do You Know Which You Are?

Independent Contractor or Employee? Why Does It Matter?

Buyer Beware: "Job-Protected" Leave Comes With Big Caveats

Most people who have to take a medical leave from work are under the impression that they are a "protected" employee and that their jobs are secure. But this is often not the case for many folks returning to work from paid leave.

Seventh Circuit Finds That Sex Discrimination Includes Sexual Orientation

Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination, but now it has changed. On April 4, 2017, the full 7th Circuit U.S. Court of Appeals, in an 8-3 decision, ruled that sex discrimination extends to sexual orientation.

House Bill 2 Repealed But Challenges Remain for LGBTQ Community

The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the most odious provision of this notorious law. The clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate is history.

Fifth Circuit Rules Retaliation Provision of the Fair Labor Standards Act Permits Recovery for Emotional Distress Damages

A Texas man struck gold last week with the Fifth Circuit’s decision that the Fair Labor Standards Act (the “FLSA”) allows retaliation victims to recover emotional distress damages.

The Most Interesting Case of Age Discrimination in the World

Dos Equis beer maker Cuauhtémoc Moctezuma Brewery doesn’t always discriminate, but when it does, it appears to do so on the basis of age. Last week, the beer maker announced that it was replacing its 77-year old most interesting man spokesman, Jonathan Goldsmith, with 41-year old French actor.

Borjas, et al v. Calvary Church - Court Denies Calvary's Motion to Dismiss

Fourth Circuit Rules that Title IX Provides Transgender Students Right to Bathroom of Gender Identity

On Tuesday, April 19, 2016, the Fourth Circuit Court of Appeals issued a landmark decision, holding for the first time that federal law prohibits public schools from denying transgender students access to bathrooms that correspond with their gender identities. The Fourth Circuit's 2-1 decision overturned the United States District Court for the Eastern District of Virginia’s holding that Title IX of the Education Amendments Act does not allow for students to use the restroom that aligns with their gender identity.

Kevin Murphy Reviews Governor Pat McCrory's Signed House Bill 2

Last night, Governor Pat McCrory signed House Bill 2 into law, a mere 10 hours after it was first revealed to the public. In their haste to strike down Charlotte’s Non-Discrimination Ordinance, the General Assembly and Governor enacted a law that does far more than prohibit transgender and gender nonconforming Charlotteans from using public restrooms.

College’s Failure to Rightfully Uphold Its Sexual Assault Policy Results in Student Victim Attempting to Take Own Life

If you’re reading this, you’ve already taken an important step toward fighting back against an epidemic of sexual violence toward women on college campuses. There are robust federal and state laws that provide legal recourse for female students who have been sexually assaulted or raped.

The Americans With Disabilities Act Celebrates 25 Years

The Americans with Disabilities Act (“ADA”) just celebrated its 25th birthday. On July 26, 1990, President George H.W. Bush signed the ADA, "Americans with Disabilities Act" into law two years after its 1988 introduction to Congress. However, the fight to protect individuals with disabilities began much earlier with community activism around the country. This made the ADA possible.

Refusing Supervisor's Advances is Enough to Protect Victims from Retaliation According to the 6th Circuit Court of Appeals

The overwhelming majority of women who are sexually harassed at work don't report the harassment up their chain of command or to human resources. This is often a mistake because the Company may be able to avoid liability for the underlying sexual harassment, if it is not on notice of the problem.

21st-Century Sweatshops: Pretty Nails “Cost” More Than You Think

An investigation launched by the New York Times has recently exposed the devastating, illegal conditions prevalent in many nail salons within New York City - conditions that include the stealing of tips, failure to pay overtime or even minimum wage, and the intense exposure to toxic fumes and chemicals. It’s hardly a reach to conclude that these sort of deplorable practices are occurring in North Carolina as well.

Bringing Domestic Worker Abuse into the Spotlight

An estimated 53 million people are employed as domestic workers around the world. At this moment, in Colorado, a class action lawsuit is unfolding, alleging that several sponsor organizations from the <i>au pair</i> program are failing to obey state minimum wage laws.

Maryland Court Finds Perceived Discrimination Viable Under Law

In "Arsham v. Mayor and City Counsel of Baltimore", the court found that Elie Arsham, a Persian (modern-day Iranian) woman, who was perceived to be from India, stated a viable cause of action under Title VII for national origin discrimination based on her perceived heritage.

Department of Labor Ruling Gives Married Same-Sex Couples Legal Rights

In a final ruling, the Department of Labor has enabled workers in legal same-sex marriages to take job-protected leave, under the FMLA, to care for seriously ill spouses, even if the state in which the couple resides does not recognize same-sex marriage.

Women…Like Men, Only Cheaper

Women have overcome many obstacles within the workplace, but unfortunately gender inequality still continues to rear its ugly head. On average, women working full-time earn just 78 cents for every dollar men earn. And this is a trend that doesn't seem to be ending any time soon. According to a report released by the Institute for Women’s Policy Research (“IWPR”), it will take until around the year 2058 for that gap to be rectified.

EEOC Data Reveals that Retaliation is at an All Time High

Though the amount of EEOC claims filed nationwide in fiscal year 2014 was down from 2013, the number of retaliation claims increased. In 2014, retaliation claims rose to their highest percentage ever at 42.5%. The second most common allegation, race discrimination, remained at a steady rate from 2013 at about 35%.

Supreme Court Rules in Favor of Federal Whistleblower

In Department of Homeland Security v. Robert J. MacLean, the U.S. Supreme Court found that a federal air marshal’s disclosure of air security plans were protected under the Federal Whistle Blower Protection Act and were not prohibited by law.