Mandalorian Actress Files Suit Against Disney For Wrongful Termination

Earlier this week, the former Mandalorian actress and MMA fighter Gina Carano filed suit in federal court against Disney, alleging that she was wrongfully terminated and the victim of gender discrimination due to her political posts on social media. The Complaint begins: “A short time ago in a galaxy not so far away, Defendants made it clear that only one orthodoxy in thought, speech, or action was acceptable in their empire, and that those who...
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“Retweet”: Fifth Circuit Takes Up Free Speech Under NLRA

Kollman & Saucier
Kollman & Saucier
02/02/2024
It can be tempting to freely air thoughts and grievances on your cozy corner of the Internet, but lest we forget “the Internet is forever.”  That’s true if you are an ordinary person or the richest person in the world. Last week the full Fifth Circuit reheard Tesla, Inc.’s appeal from the NLRB decision made in 2021.  The Fifth Circuit’s decision in this matter has broad implications for the First Amendment rights of employers. The issue...
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DOL Issues Final Rule on Independent Contractor Classification under the FLSA

On January 10, 2024, the Department of Labor (DOL) announced its final rule and guidance on how the DOL will analyze if a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA).  The final rule, which becomes effective on March 11, 2024, will be published in Title 29, Chapter V of the Code of Federal Regulations parts 780, 788, and 795.  This 2024 rule rescinds prior guidance from the DOL issued in 2021 and...
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Algorithm Based Discrimination Lawsuit Against Workday Is Dismissed…For Now

Workday recently survived a complaint by a job applicant who claimed Workday’s algorithm screening tools “discriminated against him and other similarly situated job applicants on the basis of race, age, and disability.”  Initially, Plaintiff Derek Mobley filed a charge of discrimination with the Equal Employment Opportunity Commission.  Thereafter, the EEOC issued a dismissal and right to sue letter, permitting Mobley to file suit in federal...
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Big Changes on the Horizon for College Sports?

Kollman & Saucier
Kollman & Saucier
01/23/2024
Charlie Baker’s tenure as NCAA President, being the first person to hold the office without first serving as an athletic director or college president, was always certain to bring a big shakeup to the college sports landscape. But change may be closer than many expected. The NCAA’s Division I (DI) Board of Directors assigned a recent revolutionary proposal, written by Baker, to the DI Council for evaluation. Although a small step in the NCAA’s...
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Penn State Faces Harassment Claims Based On Anti-Racism Initiatives

Diversity, equity, and inclusion (DEI) initiatives have grown more prevalent in recent years (yes, this is stating the obvious).  These efforts have their detractors.  A Google search of DEI will reveal sample DEI initiatives, anti-racism trainings, and the efforts some have taken to criticize and stop such efforts.  Penn State University’s Abington campus, for example, is being sued by a former faculty member who alleges that he was subjected...
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D.C. Expands Wage Transparency Law

Kollman & Saucier
Kollman & Saucier
01/18/2024
The District of Columbia’s Wage Transparency Act has been around for nearly a decade.  The District recently expanded the Act through D.C. Act 25-367 to broaden employer pay transparency obligations. The Mayor signed the law on January 12, 2024, and it will be effective June 30, 2024 if it survives congressional review. The amendments require covered employers to provide a position’s wage range in all job listings and position descriptions,...
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Accidental Disclosure of Salary Information Leads to Unfair Labor Practice

Clifford Geiger
Clifford Geiger
01/12/2024
Section 8(a)(1) of the National Labor Relations Act (the “Act”) makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7" of the Act. Section 7 guarantees employees the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, which would include employees working together to seek higher...
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Seeking Workplace Culture Change Not an Accommodation Request

I was told by someone smarter than me (my wife, who’s a long time ago fully recovered lawyer) that my last blog had a bit too much law in it.  So, I am cutting back on the citations. This blog focuses on a Fourth Circuit decision issued this week that merges the Americans with Disabilities Act (ADA) with the political climate that emerged over the last ten years.  Kelly v. Town of Abingdon, __ F.4th __, 2024 U.S. App. LEXIS 14 (4th Cir. Jan. 2,...
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Is Reverse Discrimination Different?

Darrell VanDeusen
Darrell VanDeusen
01/02/2024
“The Way it Is” by Bruce Hornsby and the Range (track 5 on their 1986 album of the same name) is one of my favorite songs in the “poignant” genre.  If you don’t know the song, take a listen.  Heck, take a listen again even if you do know it.  “The Way it Is” is a song about compassion.  The last verse goes: “Well, they passed a law in ‘64 To give those who ain’t got a little more But it only goes so far Because the law...
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