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The Confidentiality Clause – The Abuse That Keeps on Giving
The First Amendment guarantees us the right to free speech, but unfortunately, it is generally legal to force employees (or anyone else) to sign this away. Businesses do this by making people sign confidentiality clauses to get hired, to keep their jobs, or to get...
Milo Yiannopoulos Sues Simon & Schuster – Bet They Wish They Had a Morals Clause, but What’s a Morals Clause?
According to the lawsuit he filed on Friday, July 7, 2017, Simon & Schuster refused to publish his most recent book, Dangerous, because of allegations that public statements he made condoned pedophilia[1]. What’s a “Morals Clause”? It’s a provision...
What’s Going to Happen When Freelance Cases Hit the Courthouse
The Freelance Isn’t Free law is wonderful and has real teeth, but it would be naïve to think that the Company[1] will roll over and play dead every time a lawsuit is filed. Even when the Company wants to settle at the very beginning, it will expect to settle for less...
What’s the “Freelance Isn’t Free” Law About?
If this is the Company's Attitude about paying you... ...What Should your Attitude be like? It’s about protection for Freelancers being paid for their work in NYC. Our previous blog item explains the basic concepts of it. The actual law goes into effect on May 16,...
How Can Lawyers Get in Trouble Over Sex?
The most shameful case in recent history was Thomas Lowe, an Egan, MN attorney representing a divorce client, who had an affair with her that lasted seven months. After several arguments with the woman about the affair and his own marriage, Lowe said he was breaking things off. Two days later, he said he was withdrawing as her attorney. That day, the woman, who was vulnerable because of past abuse and mental health treatment, tried to kill herself. While hospitalized, she disclosed the affair.
From Hacking Nude Photos to Revenge Porn
The FBI investigation called “Operation Hackerazzi” covered the online posting of photos that Scarlett Johansson took of herself in the nude, showing her looking seductively at a phone camera as she snapped images of her bare breasts. Johannson e-mailed the photos to her then-husband, Ryan Reynolds, but the “Hollywood Hacker”, Christopher Cheney, broke into her e-mail account and posted the nude pics online. He probably hacked into the e-mail of over 50 people, many of them celebrities, for which he was sentenced to 10 years.
From the Son of Sam, to Goodfellas to Axe Murderers
What’s a “Son of Sam Law”? David Berkowitz, better known as the Son of Sam, was the .44 caliber killer who terrorized New York in the summer of 1977. The “Son of Sam Law” was passed because the notoriety of the case made the serial killer’s story extremely valuable....
Trump’s Pick for Supreme Court Justice — Neil Gorsuch
How Often Has He Ruled in Favor of the Worker in Employment Cases so Far? As an appellate federal judge on the 10th Circuit Court of Appeals, (where he was appointed by George W. Bush) he decided 23 employment cases, ruling against the worker in 21 of them. Even...
Can College Football Players Unionize?
At least for the moment, the answer is Yes. Last week, the General Counsel National Labor Relations Board (NLRB)’s issued a Memo saying that football players at private colleges must be treated as employees, so they may seek protection against unfair labor practices....
Exactly What is the Equal Employment Opportunity Commission (EEOC) and What Does it Do?
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal discrimination laws. It investigates charges of discrimination filed by employees, and attempts to mediate settlements if both parties are willing to try. It has the power to bring lawsuits, but budget and staffing limitations make the Commission do this a very selective basis, picking their fights carefully.
Who is in Charge of the EEOC and How Will it Change Under President Trump?
There are 5 governors on the Commission and a General Counsel. By law, no more than 3 of the Commissioners can belong to the same political party. Three Democrats and one Republican appointed under Obama are still sitting, but Trump has taken the Chair away from Jennifer Yang, a liberal employee advocate, and appointed the only Republican, Victoria Lipnic, as Acting Chair. The General Counsel position is vacant and is certain to filled with a conservative Republican by President Trump, but the 3 Democrats will maintain a majority until Jenny Yang’s term is up in July 2017. Trump will then replace her, the Republicans will have a majority, and the Commission will become much less sympathetic to employees and much friendlier to management.
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