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Michael Starr

Michael Starr

September 10, 2012 | National Law Journal

Out-of-office smartphone use: risks for employers

Employers could face claims under the Fair Labor Standards Act for failure to pay overtime or keep accurate records.

By Michael Starr and Katherine Healy Marques

7 minute read

November 22, 2004 | National Law Journal

Mental Disabilities

There is no question but that the Americans With Disabilities Act protects individuals with both physical and mental disabilities. The application of the ADA to people with mental disabilities, however, has been particularly difficult for courts to deal with.

By Michael Starr and Megumi Sakae

8 minute read

August 14, 2006 | National Law Journal

Retaliation Reinvigorated

Retaliation against employees who protest perceived invidious discrimination has been illegal since employment discrimination itself was first banned more than 40 years ago. Yet the Supreme Court's recent decision in Burlington Northern & Santa Fe Ry. Co. v. White, has expanded the anti-retaliation provisions of federal employment discrimination law.

By Michael Starr

8 minute read

July 18, 2013 | Daily Business Review

Board Of Contributors: Employers Win Two Important Supreme Court Decisions

Two employment law decisions handed down in the last week of the 2012-2013 term have quite significant implications for employment discrimination law — consequences that are favorable to employers — writes Michael Starr of Holland & Knight.

By Michael Starr

7 minute read

October 29, 2007 | National Law Journal

Fetal Injury at Work

Excluding pregnant women from some jobs, even if it seems that the work environment will subject the workers' fetuses to injury, constitutes sex discrimination. What was not known when the Supreme Court issued its landmark Johnson Controls ruling, however, was whether employers could then be liable under state tort law if babies acquire birth defects due to conditions their mothers were exposed to on the job. The answer seems to be a resounding "yes."

By Michael Starr and Christine M. Wilson

8 minute read

June 27, 2011 | National Law Journal

The NLRB's new regulation of social media

Companies should know that online activities can trigger rights under federal labor law for even nonunion employees.

By Michael Starr and Katherine Healy Marques

6 minute read

October 03, 2005 | National Law Journal

Retaliation Claims

Defending against retaliation claims is never easy, though courts have recently addressed such issues as what beliefs are reasonable, whether retaliation plaintiffs must overtly oppose the alleged discrimination, what constitutes an �adverse employment action� and whether temporal proximity is sufficient evidence of causality.

By Michael Starr and Adam J. Heft

8 minute read

May 08, 2006 | National Law Journal

Ad Hoc Affirmative Action

Unfortunately, attempting to achieve the worthy goal of increasing workplace diversity through ad hoc decisions that advance women or minorities, often made in the absence of, or without strict adherence to, a formal affirmative action plan, can spawn claims of illegal reverse discrimination.

By Michael Starr and Adam J. Heft

8 minute read

July 16, 2013 | Daily Report Online

Two Supreme Court Rulings Are Important Wins For Employers

In recent years, the U.S. Supreme Court has handed down some employment law decisions that, quite frankly, have had little practical impact beyond the parties to that case.

By Michael Starr

8 minute read

July 02, 2007 | National Law Journal

'Ledbetter v. Goodyear'

Promised legislative action suggests that Ledbetter may not be the law for long, so more interesting than the case's actual holding is the way it illustrates the ongoing problem of deciding the seemingly simple question of when an act of pay discrimination actually occurs.

By Michael Starr and Christine M. Wilson

8 minute read