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Mark J. Berkowitz
U.S. Supreme Court Negates Trucking Arbitration Provision in a Win for Employees
Jan 28, 2019 | 0 Comments
On January 15, 2019, the U.S. Supreme Court ruled that the trucking company, New Prime, Inc., cannot compel arbitration in a class action case, alleging that it failed to pay independent contractors, working as truck driver apprentices, the proper minimum...
read moreBest Applicant Rule Modifies Duty to Reasonably Accommodate
Jan 28, 2019 | 0 Comments
EEOC v. St. Joseph’s Hospital, Case No. 15-1455 (11th Cir. December 7, 2016). [Disabled employees are not entitled to more favorable treatment where the employer has a “best applicant” policy].The Equal Employment Opportunity Commission filed suit on...
read moreWhat Is An “Immutable Trait” Under Title VII?
Jan 28, 2019 | 0 Comments
EEOC v. Catastrophe Management Solutions, No. 14-13482 (11th Cir. Sept. 15, 2016). [“Race” only encompasses an “immutable” trait, under Title VII]. The 11th Circuit considered what is meant by “race” under Title VII. The case focused on a Black job...
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