Erin Mulvaney

June 08, 2018 | Law.com

Catch up on what the employment bar is saying about the Supreme Court's Masterpiece Cakeshop ruling, and the EEOC is preparing for a hearing next week about sexual harassment in the workplace. Thanks, always, for reading Labor of Law.

By Erin Mulvaney

9 minute read

June 07, 2018 | National Law Journal

The use of personality tests ballooned over the last decade, as companies tried to find efficient ways to hire workers by using algorithms to predict how a worker will perform.

By Erin Mulvaney

4 minute read

June 05, 2018 | National Law Journal

“Whatever standard the board ultimately adopts at the conclusion of the rule-making process, my hope is that the final rule will bring far greater certainty and stability to this key area of labor law," NLRB chairman John Ring says.

By Erin Mulvaney

4 minute read

June 05, 2018 | The Recorder

“Epic Systems ends any possible argument that the arbitration agreements should not be enforced,” Gibson Dunn's Theodore Boutrous tells the Ninth Circuit.

By Erin Mulvaney

4 minute read

June 01, 2018 | National Law Journal

The complaint, filed in the U.S. District Court for the District of Columbia, accused Walmart management of failing to provide accommodations for two workers who are deaf.

By Erin Mulvaney

3 minute read

June 01, 2018 | The Recorder

"Going forward, I think there will be renewed efforts to create pay transparency laws, including requiring employers to publish pay ranges and midpoints so workers have an idea of where their own pay falls," Kelly Dermody says in a wide-ranging Q&A.

By Erin Mulvaney

7 minute read

May 31, 2018 | Law.com

Management-side lawyers and worker advocates are assessing what's next after the Supreme Court's ruling in Epic Systems. And the justices have two petitions—including Zarda, from the 2nd Circuit—that confront the scope of LGBT workplace protections. Thanks for reading Labor of Law!

By Erin Mulvaney |

2 minute read

May 31, 2018 | National Law Journal

The high court petition said the Second Circuit's decision—which aligned with a Seventh Circuit ruling last year—departed from more than 50 years of precedent to conclude that sexual orientation is a subset of “sex” discrimination protected under Title VII. The Second Circuit case pitted Trump's U.S. Justice Department against the EEOC, which argued for greater LGBT workplace protections.

By Erin Mulvaney

4 minute read

May 30, 2018 | Legaltech News

Facebook is not a defendant in the case, but major U.S. companies are accused of violating employment law in recruitment practices that use the social media company's advertising platforms.

By Erin Mulvaney

4 minute read

May 29, 2018 | The Recorder

“The takeaway here is that algorithms may not care about civil rights laws, but we do and the law does,” Outten & Golden's Peter Romer-Friedman says. Facebook is not a defendant in the case, where major U.S. companies are accused of violating employment law in recruitment practices that use the social media company's advertising platforms.

By Erin Mulvaney

4 minute read