On December 5, 2013, the Senate introduced a bill (S3064) seeking to extend legal protections and remedies to unpaid interns by amending three state statutes: the Law Against Discrimination, the Conscientious Employee Protection Act, and the Worker Freedom from Employer Intimidation Act. The legislation appears to respond to a recent Southern District of New York opinion, Wang v. Phoenix Satellite Television US, which held that an unpaid college intern could not bring a sexual harassment lawsuit against her employer because as an intern, she was not an “employee” as recognized under New York State and New York City’s analogous anti-discrimination laws. The bill has been referred to the Senate Labor Committee.
Often, when a plaintiff files a lawsuit, there’s an arbitration agreement somewhere in his or her personnel file. And, unbeknownst to the plaintiff’s counsel, the claims brought actually should be arbitrated—not litigated. But how can an employer compel arbitration? As an initial matter, this article will not discuss the pros and…..
Nondisclosure and Nondisparagement Agreements in Sexual Harassment and Assault Cases: Speak Out Act Heads to President’s Desk
On November 16, 2022, the U.S. Congress passed a bill that would limit enforceability of nondisclosure and nondisparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual harassment and sexual assault allegations. The bill, S. 4524, or the “Speak Out Act,” passed the U.S. House of Representatives with a vote of 315–109, the vote coming after the U.S. Senate passed the bill on September 29, 2022.
On April 25, 2018, the Supreme Court of the United States heard oral argument on the legality of President Trump’s Presidential Proclamation issued on September 24, 2017, the administration’s third iteration of the travel ban, which imposes travel restrictions on citizens of Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.