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Federal Law Update

Why Can My Job Fire Me? Understanding “Employment At-Will”

by Brian Spitz | Jul 4, 2024 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, Military Status Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Retaliation, Sexual Harassment, Sexual Orientation Discrimination, Wage: Minimum Wage, Wage: Overtime, Whistleblower Claims, Workers' Compensation Retaliation, Wrongful Termination

What does “employment at-will” mean? “Employment at-will” is a term used to describe a type of employment relationship where either the employer or the employee can terminate the working relationship at any time, for any reason, and without prior notice. In this...

How Much Detail Must Be In A Request For A Workplace Disability Accommodation?

by Brian Spitz | Jun 25, 2024 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Retaliation

When it comes to requesting accommodations under Americans with Disabilities Act (“ADA”), clarity is paramount. The same rings true when making complaints or opposing discrimination. Failure to properly convey this information, as well as document that the information...

Are Nannies, Butlers & Maids Entitled To Overtime Pay?

by Brian Spitz | Jun 20, 2024 | Employment Discrimination, Employment Law, Federal Law Update, Wage: Overtime

For the most part, the answer to whether domestic employees are entitled to overtime is yes. However, there is an exception to when the nanny, butler, maid, or other domestic employee resides in the same house where they work. Let’s step back for a moment. The Fair...

Fifth Circuit’s Stance On Attorney AI Use

by Brian Spitz | Jun 18, 2024 | Federal Law Update

The legal community has been abuzz with discussions about the integration of artificial intelligence (AI) into various facets of legal practice. Our employment discrimination lawyers have been following these developments closely. Best Employee’s Right Attorney Blogs...

How Soon Will AI Replace Judges?

by Brian Spitz | Jun 6, 2024 | Employment Discrimination, Employment Law, Federal Law Update

As a plaintiff’s employment law attorney, the thought of artificial intelligence replacing judges is both intriguing and alarming. The legal world is traditionally slow to adopt technological advancements, yet the potential for AI to revolutionize our field is...

How Specific Does An Employee Need To Make A Disability Accommodation Request?

by Brian Spitz | Jun 4, 2024 | Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update

Given recent changes to the law, the answer regarding the level of specificity needed to be given by an employee to the employer in order to request a disability accommodation is: Not Much. Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis,...

What Is Direct Evidence Of Employment Discrimination?

by Brian Spitz | May 30, 2024 | Age Discrimination, Disability Discrimination, Employment Discrimination, Employment Law, Federal Law Update, Gender Discrimination, Gender Identity Discrimination, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sexual Orientation Discrimination, Wrongful Termination

Today, our employee’s rights lawyers present to you the case of Porter v. Dartmouth-Hitchcock Med. Ctr., 92 F.4th 129 (2d Cir. 2024), a perfect example of direct evidence of employment discrimination. In this case, when the decision maker was asked why the employee...

It’s Critical To Timely Report Age Discrimination

by Brian Spitz | May 28, 2024 | Age Discrimination, Employment Discrimination, Employment Law, Federal Law Update

In the realm of employment law, the recent case of Ferrara v. Sterling, Inc., No. 23-0454-CV, 2024 WL 485742 (2d Cir. Feb. 8, 2024), serves as a stark reminder of the importance of promptly addressing discrimination in the workplace. Robert Ferrara, a district manager...

Should I Settle My Race Discrimination Case?

by Brian Spitz | May 23, 2024 | Employment Discrimination, Employment Law, Federal Law Update, Race Discrimination, Retaliation

As experienced employment discrimination lawyers, we can tell you that establishing a cases is a process. There has to be at least some evidence at the beginning in order to take the case, but employees do not have to have all of the evidence right from the get-go....

ADA: Is Leave A Reasonable Disability Accommodation?

by Brian Spitz | May 16, 2024 | Disability Discrimination, Employment Discrimination, Employment Law, Family Medical Leave Claims, Federal Law Update, Wrongful Termination

In today’s exciting legal blog, our employment discrimination lawyers look at the recent United States Court of Appeals for the Tenth Circuit case, Freeman v. City of Cheyenne, No. 23-8022, 2024 WL 464069 (10th Cir. Feb. 7, 2024), to explore whether a request for...

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