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Nacht Law in the News Archives

Workers are becoming less empowered

The author of this piece "The Roberts Court Protects the Powerful for a New Gilded Age" by Jedediah Purdy, a professor at Duke Law School, puts recent Supreme Court decisions in stark terms. Workers are becoming less empowered, and the Supreme Court is actually removing the power of state governments to do something about it. Moreover, the Court is reading contracts in insane ways that strip workers of rights. I agree with the author's assessment. 

Protecting Vulnerable Employees

It is routine for companies to hire contractors to perform janitorial work. Those companies, or the companies they in turn subcontract to, are frequently the sort of "fly by night" firms that may disappear quickly without paying all wages owed. Workers often have no one left to sue, and the State Government labor departments have no power to help.

Is Michigan State's Nassar Settlement Fake News for Some Survivors?

On May 16, 2018, Michigan State University announced that after several rounds of mediation, they had reached a "$500 million global settlement" on behalf of survivors of disgraced former MSU doctor Larry Nassar. The terms stated that $425 million would be paid to the 332 current claimants, and $75 million would be set aside for future claimants. Here is a copy of the May 16, 2018, Press Release

Fairness to women in the workplace

We have been representing moms for more than twenty years.  The human lifecycle is multifaceted.  We have periods when we are more focused on our health and loved ones and periods when we are more focused on our jobs.  Under the law, to keep our jobs, we always need to perform the "essential functions of our jobs" even if we need "reasonable accommodation".  (See Americans With Disabilities Act)
Companies used to discriminate against pregnant women by denying them "light duty" when they needed it for the safety of their unborn child, even when they offered that option to employees with workplace injuries.  Nick Roumel won a case in the Sixth Circuit on behalf of a pregnant employee changing the law on this point.  The Supreme Court later ratified the decision in a separate case, Young v. UPS. 
 
We still have vestiges of what constitutes a "normal" workplace life without reference to women who bear children. While fairness to other employees who don't have children has sometimes raised an objection to altering the norm, we don't raise those concerns when we keep employed people who have accidents resulting in injuries.
Our firm remains committed to expanding the US workplace to accommodate all people as they actually live their lives, with injuries, illnesses, grieving, bearing children, parenting them and aging.
Here's an interesting article I recently read in the NY Times, "The Open Secret of Anti-Bias at Work" by Katherine Goldstein. 
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