Can I opt in to a FLSA collective action without proving the court has personal jurisdiction over MY claim?”No,” according to a recent 7th Circuit decision. A court overseeing a collective action must secure personal jurisdiction over each plaintiff’s claim, whether representative or opt-in, individually. Vanegas v. Signet Builders (7th Cir 08/16/2024) [PDF].A…

Can the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) apply to pre-enactment events?”Yes,” sometimes.The EFAA renders arbitration agreements invalid and unenforceable, at the election of the complainant, in sexual assault and sexual harassment cases. But it applies only to claims that “accrue” after the effective date – March 3, 2022. So…

The 1st amendment is still alive, even for an employee who posted a “shocking” and “highly offensive” message on his Facebook page. The 6th Circuit recently held that a public library violated the 1st amendment when it fired a security guard for posting a meme that said “ALL LIVES SPLATTER” — obviously a crude word…

Can a co-worker’s single racial slur result in employer liability?”Yes,” according to yesterday’s California Supreme Court decision in Bailey v. San Francisco District Attorney’s Office (California 07/29/2024) [PDF].I am unaware of any other court decision, and the California court did not cite one, that holds that a single use of the N-word by…

California no longer requires a party seeking to avoid arbitration to prove they were prejudiced. The California Supreme Court on Thursday abrogated a rule that had been followed for decades. Quach v. California Commerce Club (California 07/25/2024) [PDF] This case was brought under the California Arbitration Act, so that statute now lines up with…

Can I be fired for my Facebook posts?Most likely, yes.The legal landscape is littered with appellate court decisions upholding employers’ right to fire employees for posting offensive material on Facebook.First, consider whether a 1st amendment free speech issue is involved. This is easy. The 1st amendment applies only to the government (federal, state, local). So…

What’s the most frequent charge at the EEOC?Retaliation.57% of all EEOC filings. Disability – 36% Race – 34% Sex – 31% Age 17% (This adds to more than 100% because one filing can contain multiple items.)But wait!This needs to be put into context. (Nerdy perhaps, yet necessary.)Retaliation overlaps all the other categories.Retaliation – all by…