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employment law

AI in Recruiting and Employment Decision-Making

As employer use of AI has increased, so has the development of AI regulation at the state and local level

Paul Peter Nicolai

Jan 134 min read

Majority-Group Plaintiffs Held to Same Standard in Title VII Cases

A heterosexual woman was hired as an executive secretary by Ohio Department of Youth Services in 2004, later promoted to program administrator. In 2019, she applied for a management role, was interviewed, but ultimately a lesbian woman was chosen. Days after her interview, she was demoted to secretary, and the agency hired a gay man for the vacant program administrator role. She sued under Title VII of the Civil Rights Act of 1964, claiming discrimination based on her sexua

Paul Peter Nicolai

Jan 62 min read

The Right to Talk Pay

The Ninth Circuit has backed the National Labor Relations Board's order finding that an apartment complex manager illegally terminated an employee for discussing his wages with colleagues, a protected activity under the NLRA. It rejected the manager's argument that the employee was fired for poor work quality. WHY THIS IS IMPORTANT…Employees discussing wages generally qualify as protected activity under the NLRA. Employees have a right to discuss pay. The NLRA covers nearl

Paul Peter Nicolai

Dec 30, 20251 min read

Retention Bonus Payments Not Wages

Failure to make payments covered by the Massachusetts wage act automatically entitled the plaintiff to triple damages and reasonable attorney fees in addition to the wages owed. Not all payments made by employers to employees are wages covered by that law.

Paul Peter Nicolai

Dec 2, 20251 min read

Individual Liability Under Wage Act

A former employee sued an officer of her defunct employer for non-payment of wages. The court dismissed the case.

Paul Peter Nicolai

Nov 25, 20251 min read

Preparing for Massachusetts' Pay Transparency Law

Paul Peter Nicolai

Oct 28, 20254 min read

Washington Supreme Court Expands Who Can Sue For Pay Transparency

The Washington Supreme Court (Court) held that any person who applies to a job posting that does not comply with the pay transparency requirements of the Washington Equal Pay and Opportunities Act(EPOA) may seek damages under the statute, regardless of whether the individual actually intended to seek employment with the employer. The EPOA requires employers to disclose salary, wage, and benefits information in all job postings. The Court held that any person who applies to

Paul Peter Nicolai

Oct 7, 20251 min read