Category: Employment Law

You Don’t Have to Go Home, But You Can’t Stay Here: The JPML’s Recent Decisions Regarding Consolidation of Cases against Insurance Carriers for Business Interruption Coverage

MITCHELL SURFACELeave a comment

Photo Credit: Link Here (last visited February 9, 2021).

Written By: David Newman
Editor in Chief, American Journal of Trial Advocacy

          Beginning in March 2020, many small businesses across the country struggled to stay afloat after state and local governments began implementing lockdowns and restrictions on businesses in response to the COVID-19 pandemic.[1]  These lockdowns and restrictions caused more than 1.4 million small businesses to shut-down or temporarily close in the 2nd quarter of 2020.[2] For the businesses that did survive, many experienced significant cash losses from the involuntary shut-downs.  As a result, many businesses began filing claims for business interruption coverage under their property or casualty insurance policies. Continue reading “You Don’t Have to Go Home, But You Can’t Stay Here: The JPML’s Recent Decisions Regarding Consolidation of Cases against Insurance Carriers for Business Interruption Coverage” →

Testing Positive: How Furloughed Employees can Capitalize on Suspended Employment During the COVID-19 Pandemic

MITCHELL SURFACELeave a comment

Photo Credit: https://nypost.com/2020/08/09/does-someone-doing-my-job-while-im-furloughed-mean-i-am-laid-off/ (last visited November 19, 2020).

Written By: Michelle Fleenor
Member, American Journal of Trial Advocacy

          The word “furlough” and its heavy implications have proven a harsh reality for many employees during the 2020 year.  Particularly, the introduction of COVID-19 into the American workforce was expected to and has caused a significant downturn in business.[i] Due to the pandemic, companies across the country have responded with crisis management tactics, many of which have affected the normal day-to-day employment practices.[ii]  One of these tactics in particular is the “furlough.”[iii] Continue reading “Testing Positive: How Furloughed Employees can Capitalize on Suspended Employment During the COVID-19 Pandemic” →

The Calm After the Storm? How the Legal Implications of the #MeToo Movement Have Influenced Human Resources Departments to Restructure Sexual Harassment Policies

MITCHELL SURFACELeave a comment
A blonde hari lady is holding a sheet of paper--arms extended out--with "#METOO" written on it, covering her face.

Photo Credit: https://pixabay.com/photos/metoo-women-harassment-sexual-2859980/ (last visited Mar. 1, 2020).

Written By: Michelle Fleenor

Member, American Journal of Trial Advocacy

            Prior to the inception of the #MeToo movement, which cast a spotlight on the prevalence of sexual misconduct in Hollywood, sexual harassment in the workplace was not as highly scrutinized and was often resolved without sufficient investigation from either human resources (“HR”) departments or the businesses themselves.[1]   Continue reading “The Calm After the Storm? How the Legal Implications of the #MeToo Movement Have Influenced Human Resources Departments to Restructure Sexual Harassment Policies” →

“We’ve Got Four Stars on Our Shirt”: U.S. Women’s National Team Highlighting Ongoing Pay Discrimination

kmassey1Leave a comment
Photo of the United States' Women’s National Team after winning the 2019 FIFA Women’s World Cup

Photo Credit: https://www.sportingnews.com/us/soccer/news/uswnt-vs-netherlands-live-scores-updates-and-highlights-from-usa-2019-world-cup-final/pny0t70idmdt1ibbghffgysm7.

By: Catherine Collins
Member, American Journal of Trial Advocacy

Introduction

            The United States Women’s National Soccer Team (“USWNT” or “women’s team”) has historically dominated in their realm of competition.  As a team employed and compensated by the U.S. Soccer Federation (“Federation”), the players are discontent with how they have been compensated for their achievements by the Federation. Continue reading ““We’ve Got Four Stars on Our Shirt”: U.S. Women’s National Team Highlighting Ongoing Pay Discrimination” →

The Culture of Silence: The Impact of #metoo on Nondisclosure Agreements

ccsmith50Leave a comment

Photo Credit: https://questfusion.com/non-disclosure-agreements-critical-startup/

By: Whitney Lott

Associate Editor, American Journal of Trial Advocacy

Introduction

While the #MeToo movement has forced national reflection, a new enemy of safety in the workplace has come to light: the nondisclosure agreement.  Nondisclosure agreements, once an anomaly of the tech industry, are now taking center stage in the national consciousness with its connection to the #Metoo movement. Employers of predators must now take stock if they are partially to blame for the culture of silence surrounding abuse in their companies due to the proliferation of these nondisclosure agreements. The use of nondisclosure provisions or confidentiality provisions in settlement agreements has forced victims of sexual misconduct, including the victims of Harvey Weinstein, Bill O’Reilly and even Larry Nassar, to remain silent on matters concerning the sexual abuse or harassment perpetrated on them.[1] Continue reading “The Culture of Silence: The Impact of #metoo on Nondisclosure Agreements” →