Charles Herman Law

04/24/2024

I have not shared in awhile, but this is seriously one of the biggest events to happen in employment law in a long time. The rule would apply to all workers (i.e., any natural person who works, whether paid or unpaid, including independent contractors, interns, volunteers) across the U.S. I cannot count the number of times people have called my office in the past to ask about the validity of their non-compete agreement. It was so disheartening to have to tell many of them that the agreement was enforceable. I hope, for the American worker, that this continues into effect and is not stopped through court action. Truly a victory for the American worker.

Today, the Federal Trade Commission issued a final rule to promote competition by banning noncompetes nationwide, protecting the fundamen

12/08/2022

Mostly true…I give free phone consultations everyday to people who have been fired to see if they have a case and 9 out of 10 do not.

The U.S. uses an at-will employment system, giving employers the power to fire or let go of employees without reason.

07/19/2022

Burning the midnight oil, but awesome view from my office window:)

05/22/2022

Amazon allegedly failed to provide reasonable accommodations to pregnant workers.

New York Gov. Kathy Hochul announced a complaint on Wednesday against Amazon, alleging that the e-commerce giant has failed to provide reasonable accommodations to warehouse workers who are pregnant or with disabilities under state human rights law.

05/22/2022

“The client was terminated from her employment, but she wasn’t defeated by the discriminatory acts of her supervisor, instead she fought back by filing an EEOC complaint and she will continue to fight until she obtains justice”

The Equal Employment Opportunity Commission found the employee was subjected to religious discrimination after requesting a later break during Ramadan.

02/23/2022

Historic victory for women’s soccer pay equity fight.

The USWNT has settled its class action lawsuit against the U.S. Soccer Federation for a total of $24 million, the two sides announced on Tuesday.

02/18/2022

Religious rights win, sort of.

A federal appeals judge under fire for asking a U.S. Department of Justice lawyer to remove his mask during oral arguments took a different tack in a fiery dissent in a case involving United Airlines’ employee vaccine mandate.

02/11/2022

Not a law yet, but progress!

A bill that bans forced arbitration of disputes involving s*xual assault and harassment is on its way to President Joe Biden after the U.S. Senate approved the measure by voice vote Thursday.

01/24/2022

Ex-UConn Coach Wins $11M In Wrongful Firing Arbitration - The University of Connecticut owes a former men's basketball coach more than $11 million after an arbitrator found the school violated a collective bargaining agreement by firing him.

They ruled that the school improperly fired the former men’s basketball coach and must pay him more than $11 million.

01/14/2022

Supreme Court blocks Biden’s Vaccine Mandate

The U.S. Supreme Court on Thursday gave the Biden administration one loss and one win in its bid to impose vaccine requirements on health care workers and employees at larger companies.

01/06/2022

“Walker violated the Fair Labor Standards Act’s overtime provisions by paying other employees straight time for all hours worked, failing to pay the legally required overtime rate when they worked more than 40 hours in a workweek.”

A Peachtree City auto repair shop and its owner have been accused of violating retaliation prohibition and overtime laws, according to a news release from the U.S. Department of Labor.

12/10/2021

"The court found that the use of an isokinetic strength test as an employment screen was unlawful because it had a negative impact on women and it was not shown to serve any legitimate purpose that benefited the company," Julianne Bowman, the EEOC's district director in Chicago, said in a statement.

In addition to paying damages to settle the s*x discrimination lawsuit, a Minnesota trucking company will be required to provide job offers to women who had their positions revoked for failing the test.