Basketball Coach Mike Anderson Sues St. John’s for $45.6M

Basketball Coach Mike Anderson Sues St. John’s for $45.6M

Former St. John’s University men’s basketball coach, Mike Anderson, is suing the university for $45.6 million, alleging that the university fired him on false grounds. Specifically, he is suing for $11.4 million for the amount remaining on his deal before his termination and $34.2 million in punitive damages.

Twitter Wins Disability Discrimination Lawsuit

Twitter Wins Disability Discrimination Lawsuit

On Monday, May 5, in Borodaenko v. Twitter, Inc. (“Borodaenko”), a California federal judge mostly dismissed a putative class action alleging Twitter, Inc. of discriminating against employees with disabilities by requiring them to report to the office, put in long hours, and work at high intensity after the mass layoffs in November 2022. One plaintiff’s claims were dismissed, while the other plaintiff’s claims were sent to arbitration.

Biden Administration Set to Roll Back COVID-19 Vaccination Mandates

Biden Administration Set to Roll Back COVID-19 Vaccination Mandates

The Biden Administration has announced that it will be ending most federally mandated COVID-19 vaccination mandates on Thursday, May 11, 2023. Included in the Administration’s vaccine-mandate rollback is the Administration’s much-maligned mandate for federal contractors, which has been subject to challenges in federal court.

Arbitration Agreements: What is the Difference Between Substantive and Procedural Unconscionability?

Arbitration Agreements: What is the Difference Between Substantive and Procedural Unconscionability?

This year, in Basith v. Lithia Motors, Inc. (“Basith”) and Fuentes v. Empire Nissan, Inc. (“Fuentes”), the Second Appellate District of the California Court of Appeal (the “Court”) set forth the difference between procedural and substantive unconscionability as the basis for invalidating arbitration agreements. Procedural unconscionability focuses on the fairness of the process leading to the formation of the agreements, while substantive unconscionability focuses on whether the terms of the agreements are so one-sided that it unfairly benefits one of the parties to the agreement. The cases affirm the long-standing rule in California that both procedural and substantive unconscionability must be present to invalidate an arbitration agreement.

Does an Employer have to Accommodate an Employee’s Religion?

Does an Employer have to Accommodate an Employee’s Religion?

Last Tuesday, the US Supreme Court heard an oral argument in Groff v. DeJoy, a case in which the Court is considering whether to overturn decades of precedent established in the 1977 case of TWA v. Hardison (“Hardison”). Hardison established that an employer is not obligated to accommodate an employee’s religion if the accommodation would create more than a “de minimis” burden on the employer’s operations, or an “undue hardship.”

Senator Brown Introduces Increased Federal Overtime Protections

Senator Brown Introduces Increased Federal Overtime Protections

Last month, US Senator Sherrod Brown introduced the Restoring Overtime Pay Act of 2023 (“ROP Act”) in Congress, a bill that seeks to increase the exempt salary threshold, thereby providing overtime protections to many more employees who are currently classified as exempt under the Fair Labor Standards Act (“FLSA”). If passed, the bill would update the FLSA, which was first enacted in 1938 and has not been significantly amended with respect to minimum wage and overtime exemptions since 2004.

NLRB Issues Clarifying Guidance on Confidentiality and Non-Disparagement Provisions

NLRB Issues Clarifying Guidance on Confidentiality and Non-Disparagement Provisions

Jennifer Abruzzo, the general counsel of the National Labor Relations Board (“NLRB”), has released a guidance memorandum that provides further information on the NLRB’s decision in McLaren Macomb. The memorandum offers guidance on the decision’s practical impact, including its scope, retroactivity, lawful severance agreements, and confidentiality and non-disparagement clauses.

NLRB to Issue Memo Clarifying McLaren Decision on Confidentiality and Non-disparagement Provisions

NLRB to Issue Memo Clarifying McLaren Decision on Confidentiality and Non-disparagement Provisions

National Labor Relations Board (“NLRB”) issued a decision in McLaren Macomb (“McLaren”), holding that the mere offer of a severance agreement with broad confidentiality and non-disparagement provisions violated the National Labor Relations Act.