LABOR & EMPLOYMENT LAW: Love in the Time of COVID-19

The COVID-19 pandemic has been a fertile source of new litigation: challenges to mask mandates, challenges to vaccine mandates, construction of child custody visitation agreements in light of COVID-19, assertion of the defense of impossibility in response to attempted enforcement of a contract, etc. Recently, a federal district court in Virginia addressed whether an individual…

Disability Discrimination in Employment: Health Care Employer Could Condition Employment on Health Screening and Vaccination

The Americans with Disabilities Act (“ADA”) prohibits covered employers from discriminating against qualified individuals on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. 42 U.S.C. § 12112(a). This prohibition against discrimination can apply to…

Employment: Arbitration – ‘Gateway Issues’

When an arbitration agreement is in effect, who decides whether an employment dispute, or any dispute for that matter, is arbitrable? The Supreme Court recently released a pair of decisions that address this issue under the Federal Arbitration Act (FAA), Henry Schein, Inc. v. Archer & White Sales, Inc.,_ S. Ct._, 202 L. Ed. 2d…

Employment: Age Discrimination – Breach of Fiduciary Duty and Unfair Competition

An employer may proceed with its unfair competition suit asserting contract and tort claims against a former employee and the employee’s current employer, a federal district court sitting in Pennsylvania has held. The employer adequately stated claims of common law breach of fiduciary duty and unfair competition against the employee, and of aiding and abetting…

Causation in an Equal Pay Act Retaliation Case – January 2017

As with most forms of employment discrimination, an employer’s retaliation against an employee for asserting discrimination under the Equal Pay Act (“EPA”) gives rise to an additional and distinct cause of action for the employee. To state a claim for retaliation under the EPA (as incorporated into the Fair Labor Standards Act), a plaintiff must…

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