Emerging Issues: Workplace Harassment and Workers’ Compensation in the #MeToo Era

Discussion of workplace harassment reached a fever pitch last Fall when media reports streamed seemingly endless claims against Hollywood moguls and corporate giants alike.  The #MeToo movement has added force to the discussion, no doubt leaving employers feeling exposed. Although harassment allegations are often handled in civil courts, certain allegations can be litigated in workers’…

#MeToo Movement is Motivating a Potential Ban on Arbitration in Sexual Harassment Cases

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Background The #MeToo movement has gripped headlines for months by highlighting the prevalence of sexual harassment, with the entertainment industry and politics being a particularly high-profile focus. By bringing these issues to the forefront of consciousness, legislators are finally beginning to explore methods to address these pervasive issues. One such effort is the federal “Ending…

NC Focuses on Misclassification of Employees through Employee Classification Section of NCIC

Starting on December 31, 2017, the North Carolina Industrial Commission will have a permanent Employee Classification Section charged with investigating and punishing employers who misclassify employees as independent contractors.  The Employee Classification Section was initially created through an executive order signed by former Governor Pat McCrory on December 18, 2015, Executive Order No. 83.  The…

Equal Pay: The Next Big Issue

The last two years have seen rapid changes in equal pay legislation, and the nation-wide trend of enacting and amending equal pay legislation to provide greater protection for employees, and impose increased obligations on employers, is showing no signs of slowing. With equal pay legislation trending across the country, employers can expect to see a…

Second Circuit to Rehear Case Considering Whether Title VII Includes Sexual Orientation as a Protected Class

The Second Circuit,* (serving six districts within the states of Connecticut, New York, and Vermont) will reconsider its position, currently aligned with the vast majority of federal Circuits, that Title VII of the Civil Rights Act of 1964 does not include sexual orientation as a protected class.  Title VII prohibits discrimination in the employment context…