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Category: SchnaderWorks, A Labor & Employment Blog

Ninth Circuit Panel Reverses Denial of Uber’s Motion to Compel Arbitration of Misclassification Claims and Upholds Class Action Waiver

On October 3, 2018 by Schnader in News

By Scott J. Wenner A panel of the Court of Appeals for the Ninth Circuit unanimously decided last week that a properly-drafted arbitration clause that waives class actions and reserves to the arbitrator the determination of whether a dispute is properly arbitrable, will defeat class action certification and require the granting […]

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PHRC Clarifies That It Will Accept Allegations of Sex-based Discrimination Based on Sexual Orientation, Transgender Identity, Gender Transition, Gender Identity and/or Gender Expression

On August 29, 2018 by Schnader in News

By Karen Baillie On August 2, 2018, the Pennsylvania Human Relations Commission (PHRC) issued two guidance documents clarifying that the Commission will accept for investigation charges that allege discrimination based on sex that include allegations of discrimination on the basis of sex assigned at birth, sexual orientation, transgender identity, gender […]

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Requiring Public Employees to Pay Union Agency Fees Found Unconstitutional – Potentially Striking A Major Blow To Union Purses And Influence

On June 28, 2018 by Schnader in Appellate

By Rachel A.H. Horton and Michael J. Wietrzychowski In a widely-anticipated decision, the United States Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31, narrowly held that the First Amendment of the United States Constitution prohibits public sector unions from charging public employees an agency fee where an […]

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No Clear Answers for Employers: Colorado Baker Who Refused to Create Wedding Cake for Same Sex Nuptials Prevails in Supreme Court

On June 8, 2018 by Schnader in schnaderworks.com

By Scott J. Wenner On Monday, June 4, the United States Supreme Court (“Court”) announced its decision in the highly publicized Masterpiece Cakeshop case. Employers and business owners were among many closely watching this case, hoping for insight on how to handle complicated situations involving competing rights of business owners, customers […]

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