FITZGERALD LAW — EMPLOYMENT LAW BLOG
Equal Pay in Attorney Fee Awards
In an interesting twist on equal pay issues, a judge pointed out that two female attorneys deserved the same hourly rate in the fee award as an older male co-counsel. After their client won an age discrimination claim, three attorneys petitioned the court for their...
Addressing Sexual Harassment In The Workplace On The State Bar Of Texas Podcast
Several changes to the Texas labor codes have affected sexual harassment claims. On a recent State Bar of Texas Podcast episode, I talk with host Rocky Dhir about how these changes make it easier for people to pursue a claim and how the definition of an employer has...
Gender Discrimination In The Workplace On Talking Confidence With Holly Caplan Podcast
Gender discrimination in the workplace is not an uncommon situation. I share my expertise on the subject with Holly Caplan on her podcast, Talking Confidence with Holly Caplan. Listen as I answer some common questions such as “how does someone know when it’s...
What Does It Mean To “Solicit”?
Many employers include a “non-solicitation” clause in agreements that they require employees to sign. These non-solicitation clauses usually prohibit an employee from, directly or indirectly, soliciting the business of the company’s customers to soliciting employees...
The Game Has Changed: Forced Arbitration Of Sexual Harassment Claims To End
With broad bipartisan support, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. President Biden is expected to sign this bill soon. The changes this law makes are significant. Under this law, an employer can no longer...
Is This Retaliation?
One question we face a lot in litigating retaliation claims is whether an employee has suffered “an adverse employment action.” While deciding what kinds of things can be adverse employment actions seems like it should be easy, courts still struggle with it. In a...
Equal Pay: The Rate of Pay
How do you measure equal pay? Is it the employee's base salary? Or is it the employee's total compensation? A recent Fourth Circuit case, Sempowich v. Tactile Systems Technology, Inc., answered this question. In Sempowich, a female employee and her male peer were...
The Chicken or the Egg?
One of the most frustrating things right now for job seekers is that employers are screaming they cannot find enough employees. Yet, thousands of well-qualified people remain unable to find a job. Why? The reasons are many, including biases. For example, age...
Employment and the Computer Fraud and Abuse Act
If you are lucky, you will go through your entire life without knowing what the Computer Fraud and Abuse Act (“CFAA”) is or how it applies to employment law. In recent years, the issue of what types of claims exist against an employee who left (or got fired from) a...