By Bill Wright The Second Circuit joined the Seventh Circuit and the EEOC in ruling that Title VII protects individuals from discrimination based on sexual orientation. Zarda v. Altitude Express, Inc., No. 15-3775 (2nd Cir. February 26, 2018). The Second Circuit agreed with the Seventh that the law evolves. The court ruled that, even if […]
Month: February 2018
Time to Prepare H-1B Petitions
By Carol Hildebrand To seek H-1B “professional” work authorization for foreign recruits during 2018 employers should start now to get their preliminary Labor Condition Applications filed with the U.S. Department of Labor. Preparations must then be made for sending in Form I-129, “Petition for a Nonimmigrant Worker,” for each professional on March 30, 2018 to […]
High Court Narrows Dodd-Frank “Whistleblowers”
By Chance Hill The U.S. Supreme Court today endorsed a narrow definition of the term “whistleblower” in the context of the Dodd-Frank Act. Specifically, the Court ruled in Digital Realty Trust Inc. v. Paul Somers that whistleblowers qualify for the special relief provided under Dodd-Frank only if they take their allegations to the U.S. Securities […]
EEOC Can’t Mess With Texas (Until Folks Have A Chance To Comment On Substantive Rule)
By Chance Hill The U.S. District Court for the Northern District of Texas has enjoined the Equal Employment Opportunity Commission (EEOC) from enforcing its guidance on background checks against Texas. The guidance, Texas argued, directly interferes with the state’s authority to impose bans on hiring felons and to be able to discretionarily reject felons for […]
Loving the Competition
By Mercedes Pineda In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee that one of Teva’s employees was funneling confidential information to the competitor. Alarmed, Teva promptly launched […]