…the plaintiffs’ bar must stay vigilant in finding creative ways to support employees – utilizing the local tools and legislation available to us must remain part of the path forward.” says Kendall Onyendu.
"It's part of the courts recognizing … that the wage gap is real and it's substantial, and legislatures are well within their rights to take legislative action to address the wage gap," said Chauniqua Young of Outten & Golden LLP, who represents workers bringing discrimination and wage and hour claims.
"It's an added nuance to the age-old question of where to file," said Christopher McNerney, who represents workers as a partner at Outten & Golden LLP. "Some of the considerations are: Where is the bulk of the company's business? What is convenient for your clients? What is the status of the law?"
A California judge ruled this week that the confidentiality agreements Google requires its employees to sign are too broad and break the state’s labor laws, a decision that could make it easier for workers at famously secret Big Tech firms to speak openly about their companies.
A Google employee identified as John Doe argued that the broad nondisclosure agreement the company asked him to sign barred him from speaking about his job to other potential employers,...
Chauniqua Young of Outten & Golden LLP, who represents workers in discrimination cases, said new requirements that employers must be transparent around salary ranges, which Connecticut, Nevada and Rhode Island passed in 2021, were especially important.
"The fact that you have three jurisdictions passing these types of laws is a tribute to legislatures trying to get things done and probably a host of organizers that are bringing issues to state legislatures' attention," Young said. "I expect to see that more states will pass pay transparency laws."
Moira Heiges-Goepfert, an Outten & Golden LLP attorney who represents California workers, said the case sets up an opportunity for the justices to explain just how much of an impact a state law needs to have on motor carriers to trigger FAAAA preemption.
"It's a perfect policy question," she said. "What does 'related to' mean?"
"The Ninth Circuit is saying the state law has to be pretty closely related to a price, route, or service, a very specific interpretation," she said. "Whereas the First Circuit has taken a much broader view and said anything that has a significant impact on routes or prices or service would be enough to be preempted."
Nantiya Ruan, director of the University of Denver’s workplace law program and a part-time attorney at Outten & Golden, where she represents employees in class action cases, said that labor and employment and labor law has always intersected with public health, the study of population-level health. However, Ruan explained, public health’s impact on employment law was never at the scale currently seen. “That really changed the whole frame of reference for how public health can affect workplace law and workplace rights.”
Outten & Golden partner Ossai Miazad recently settled a hiring discrimination case against The Procter & Gamble Company (P&G) on behalf of David Rodriguez, a DACA recipient who applied for an internship at P&G, and others similarly situated to him. The case sought to address P&G’s policy and practice of screening out internship and entry-level applicants who are non-United States citizens unless they held a long-term work authorization.
The case was filed as a putative class action in federal district court in...