Parks Chesin & Walbert | Blog
19169
paged,page-template,page-template-blog-large-image,page-template-blog-large-image-php,page,page-id-19169,page-parent,paged-7,page-paged-7,ajax_fade,page_not_loaded,,select-theme-ver-4.1,wpb-js-composer js-comp-ver-5.3,vc_responsive

Surprising Settlements: McDonald’s, Erin Andrews & DeKalb County

It was big news in March when Erin Andrews, sports reporter and co-host of Dancing with the Stars, was awarded a whopping $55 million dollars by a Tennessee jury in her lawsuit against Marriott. This came after an incident in 2008 when she was filmed through her hotel room’s peephole that had been reversed by a man later criminally convicted for the act (and for stalking Andrews). A few weeks later – and with a bit less fanfare, it was announced that Andrews and Marriott had settled for an undisclosed amount.

READ MORE

In the News: The Gender Wage Gap

April 12, 2016 was Equal Pay Day. In 2015, Equal Pay Day was on April 14th. In 2013, it was on April 9th. Why? The date moves not with the day of the week or the calendar, but based on what the gender pay gap is for the previous year. In 2015, a woman would have had to continue working until April 12, 2016 to make the same salary a man did in the year 2015.

READ MORE

LGBTQ Anti-Discrimination Laws Around the US

Georgia, North Carolina, and Mississippi have all made the news recently because of legislation that allows discrimination towards LGBT people. However, so far each state’s legislation has resulted in very different outcomes. North Carolina continues to face significant pressure from businesses, artists, and public figures regarding the HB2 “bathroom” bill. This bill requires transgender people to use the gender that was assigned to them at birth when determining where to use the restroom. HB2 prohibits local governments from passing LGBT anti-discrimination ordinances.

READ MORE

Job Interviews: What Is Legally Off-Limits?

Both employers and potential employees should be aware of the discrimination that can occur as early as the interview and the hiring stage of employment. While employers want to hire candidates who can perform the job and enhance their organization, potential employees want to make a good impression. Though interviews are crucial to the onboarding process—they leave opportunity for discrimination. Many employers may not realize this—and may violate anti-discrimination laws if they screen out a particular, protected class of potential employee.

READ MORE

Bankruptcy: How Can It Affect Your Case

When times are hard and business goes wrong, an entrepreneur’s worst nightmare may come true: They may be forced into bankruptcy. The benefit of bankruptcy is that it provides people with a fresh financial start. However, this comes at a cost. A bankrupt’s record will always be in the system (and thus could be found by potential employers). Unsurprisingly, the result reduced trust placed in both an individual and a business. That said, bankruptcy should only be used as the ultimate last resort. It should never be used as a way to escape the threat of creditors.

READ MORE

Abortion Clinics, the Law & Texas

In 2013, Texas passed HB-2. HB-2 is a law that increases regulations on abortion. The law’s stated purpose is to increase women’s health and safety. Opponents of the law challenge that assertion. They argue that the law places places an unconstitutional limitation on women’s access to abortion.

READ MORE

Immigrants and In-State Tuition

In March, immigrant would-be students in Georgia attempted to challenge the state’s university system. Why? The university system currently doesn’t allow immigrants to take advantage of in-state tuition. Children are often brought to the country as children and then permitted to stay temporarily. However, the state is only required to ensure that they have access to high school tuition.

READ MORE

Sharing and Taking Nude Pictures: What is the Law?

As the Erin Andrews case has shown, sharing nude pictures of celebrities is punishable in law. Andrews was awarded $55 million after she was illegally recorded in the privacy of her hotel room by a stalker and the footage was shared online. Now, the Erin Andrews case was distinctive due to the fact that she was videotaped without her knowledge in a hotel room, and the hotel was partly responsible for this. However, the sharing of her nude picture over the internet has raised the question of whether this is something that should be litigated against in civil law, whether this is, in fact, a sex crime, or whether this is even a crime at all. The legislation and past case law is vague, and the way in which the Internet is increasingly used to hack into private accounts to share information (including pictures) is an issue which the law has never fully addressed.

READ MORE

Uber in the News: Employment Law Ramifications

In this era of independent contractors, workers have the ability to work for themselves as consultants for other companies. If they’d like, they can simply fulfill tasks that companies outsource. Companies such as the taxi firm Uber are a prime example of this. Unfortunately, companies like this are also an example of the number of employment law cases that have recently been involved in a class action lawsuit. The way in which these workers are treated compared to the huge profits these companies make off of independent contractors is causing the era of independent contracting to be called into question.

READ MORE