Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Companies with mandatory grooming or appearance standards for their employees have been under fire from society, celebrities, and the law for many years. One of the companies most known for discriminating against unattractive or overweight applicants is Abercrombie & Fitch. Consumers have been outraged that... Continue Reading →
Green v. Brennan: Choosing the Appropriate Standard for Limitation Periods
Author: Chris Gant, Contributing Member, University of Cincinnati Law Review You have probably heard the old saying that “timing is everything.” This statement is true in many aspects of life. For example, a well-timed joke can be the difference between laughter and awkward silence. In law, the time at which a cause of action begins... Continue Reading →
To Employ(ee) or Not to Employ(ee): Are Uber Drivers Employees or Independent Contractors?
Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review Uber drivers in the state of California are challenging Uber Technologies, Inc. (Uber) in a class action suit, arguing that they should be classified as employees instead of independent contractors.[1] The classification of Uber’s drivers will dictate the drivers’ rights and eligibility for employment related... Continue Reading →
The Gender Advancement in Pay Act: The GAP Act Leaves Some Holes
Author: Brynn Stylinski, Contributing Member, University of Cincinnati Law Review On September 22, 2015, Republican Senator Kelly Ayotte submitted the Gender Advancement in Pay Act (GAP Act) to the Senate.[1] The GAP Act proposes an amendment to the Fair Labor Standards Act (FLSA), as amended by the Equal Pay Act, in order to provide greater... Continue Reading →
Deflated Again: The Court Got It Wrong in “Deflategate”
Author: Gabriel Fletcher, Associate Member, University of Cincinnati Law Review Under the Collective Bargaining Agreement (CBA) of 2011, the National Football League (NFL) Commissioner, Roger Goodell, has the power to punish players for conduct detrimental to the integrity of the game of professional football. The NFL accused Tom Brady, the quarterback of the New England Patriots, of... Continue Reading →
To Pay or Not to Pay: Should Interns be Considered Employees under the Fair Labor Standards Act
Author: Brynn Stylinski Contributing Member University of Cincinnati Law Review The Fair Labor Standards Act (FLSA) requires employers to pay every employee a minimum wage and to pay overtime for any hours worked over forty hours per week. However, whether a worker qualifies as an employee has been debated for years.[1] Earlier this year, the... Continue Reading →
Defining Lawful Activity in a State Employee Lifestyle Anti-Discrimination Statute
Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review With many states legalizing marijuana for both medical and recreational use, employers have been faced with the difficult question of whether they can fire an employee for legally engaging in marijuana use. Employers generally have the right to fire employees for a good reason, a... Continue Reading →
Workers Held Hostage by Employee Contracts: An Issue of Standing?
Author: Brynn Stylinski, Associate Member University of Cincinnati Law Review On April 8, 2015, the U.S. District Court for the Northern District of Illinois dismissed a class action suit against the restaurant chain Jimmy John’s for lack of standing.[1] The complaint involved a requirement that all employees sign an unduly-restrictive Confidentiality and Non-Competition Agreements.[2] The plaintiffs,... Continue Reading →
Eleventh Amendment Immunity in the Eleventh Circuit
Author: Brynn Stylinski, Associate Member, University of Cincinnati Law Review In Pellitteri v. Prine, the Eleventh Circuit ruled that a Georgia sheriff, in hiring and firing deputies, acts as an arm of the state and is therefore entitled to immunity under the Eleventh Amendment.[1] The plaintiff in Pellitteri was a former sheriff’s deputy who had... Continue Reading →
Religious Discrimination? No Actual Knowledge, No Problem
Author: Brynn Stylinski, Associate Member, University of Cincinnati Law Review Title VII has prohibited religious discrimination and required accommodation of religious needs in the workplace since 1964. Last year, in EEOC v. Abercrombie and Fitch Stores, Inc., the Tenth Circuit ruled that an employer that denied a Muslim woman employment on the basis of her... Continue Reading →