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The Labor Dish

Consumable Law Bites, Served Hot

Employment Litigation

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Challenges for Employers in a Post #MeToo World

By DLA Labor Dish Editorial Board on December 6, 2017
Posted in Employment Litigation, Employment Policies

Today, “[t]here is a temptation to simplify matters by viewing all harassers and their offenses as equally awful . . . .”  (NY Times: How Should We Respond to Sexual Harassment?)  This reflex…
Continue Reading Challenges for Employers in a Post #MeToo World

When Is Enough Leave . . . Enough: Revisited

By DLA Piper on December 4, 2017
Posted in Employment Litigation, Employment Policies

            The Labor Dish tackled leave as a reasonable accommodation in 2015 (When Is Enough Leave Enough).  Based upon the law at that time, our post suggested that less than 6 months of leave

…
Continue Reading When Is Enough Leave . . . Enough: Revisited

Hashtag — Zero Tolerance Policy?

By DLA Piper on October 19, 2017
Posted in Employment Litigation, Employment Policies

Jules: Hash is legal there in Amsterdam, right?

Vincent: Yeah, it’s legal, but it ain’t a hundred percent legal. I mean, you can’t just walk into a restaurant, roll a joint and start puffing away.…
Continue Reading Hashtag — Zero Tolerance Policy?

Shakespeare Sheds Light on Liability for Abetting Discrimination

By DLA Piper on August 29, 2017
Posted in Employment Litigation, Employment Policies

Over 500 years after his death, Shakespeare’s works continue to be a touchstone for legal analysis and critique. A fool’s errand it would be to attempt to catalog the legal issues in each of his…
Continue Reading Shakespeare Sheds Light on Liability for Abetting Discrimination

Background Checks: Minor Mistakes = Major Consequences

By DLA Piper on July 25, 2017
Posted in Employment Litigation, Employment Policies

Details matter. The Titanic sank because its center propeller didn’t work in reverse. A Japanese company lost between $225 and $350 million because a typing error caused it to offer thousands of shares for…
Continue Reading Background Checks: Minor Mistakes = Major Consequences

Joint Liability For Franchisors?

By DLA Piper on June 7, 2017
Posted in Employment Litigation

College legends shape minds forever. Having attended the University of California, Berkeley, “The Play”—an unscripted play to win over arch-rival Stanford with only four seconds on the clock – was the subject of…
Continue Reading Joint Liability For Franchisors?

Unconventional Tactics

By DLA Piper on May 24, 2017
Posted in Employment Litigation, Employment Policies

Malcolm Gladwell in his essay “How David Beats Goliath” extolled the use of the full-court press in basketball: “In the world of basketball, there is one story after another … about legendary games…
Continue Reading Unconventional Tactics

Queen Elsa and Judge Posner: A Duet on Change?

By Astrid Schnabel on April 12, 2017
Posted in Employment Litigation

Under Title VII, it is unlawful for employers to discriminate on the basis of sex. Historically, sex discrimination has been understood to be biological and, thus, to exclude discrimination based on sexual orientation. But sometimes,…
Continue Reading Queen Elsa and Judge Posner: A Duet on Change?

Independent Contractors: The Newest Ultrahazardous Sport

By Priya Khatkhate on March 30, 2017
Posted in Employment Litigation

Base jumping, street luging, and transporting loose glass bottles of nitroglycerine in the back of a Jeep off-road have been equally adventurous activities in the modern world. Now, courtesy of New York City, utilizing independent…
Continue Reading Independent Contractors: The Newest Ultrahazardous Sport

And the Oscar Goes to. . .the Stored Communications Act?

By Jimmy Rusert on February 24, 2017
Posted in Employment Litigation, Employment Policies

Film reels abound with examples of employees-turned-detectives using documents taken from their employer’s files to bring wrongdoing to light. You may have your own favorites but here are mine (with titles hidden in footnotes so…
Continue Reading And the Oscar Goes to. . .the Stored Communications Act?

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About

The Labor Dish is an employment and labor blog about legal issues important to US employers. The blog is edited by Isabel Crosby, Ben Gipson, Mark Boxer and Daniel Turinsky, who are part of the firm’s Labor and Employment practice at DLA Piper.

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Photo of Ben GipsonBen GipsonPartner
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