Uncategorized – Page 6

16 Oct

Ageism in the workplace: Gerald Sauer’s article for Glassdoor

What is Ageism in the Workplace & How to Fight It

We like to tell ourselves that age is simply a number, especially those of us showing a few gray hairs and moving a little slower. However, if you’ve been looking for a job or trying to move up the corporate ladder, your age could be an obstacle.

Think about the last time you lost a workplace opportunity. Did the hiring manager think you were too old? Were you passed over for a promotion in favor of someone clearly less grizzled? If your age was used against you, you might have an age discrimination claim.

Read full story on Glassdoor.com

18 Sep

Gerald Sauer’s article in Law.com/The Recorder on proposed changes to California State Bar ethics rules

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Law as Big Business: State Bar Proposal Would Seriously Hurt Consumers

In June, the California State Bar proposed modifying existing ethics rules to enable nonlawyers to give legal advice and to allow insurance companies, hedge funds and other businesses to invest in law firms.

by Gerald Sauer

In June, the California State Bar proposed modifying existing ethics rules to enable nonlawyers to give legal advice and to allow insurance companies, hedge funds and other businesses to invest in law firms. The purported reason for this dramatic change is to “improve access to justice” and to allow “technology-driven delivery systems to engage in authorized practice of law activities.” It’s unfortunate that the state bar doesn’t see that it is being used as a shill by big business for an ulterior motive—corporate greed.

Read full story on Law.com

5 Sep

Is obesity a disability? Sonya Goodwin’s article in Hunton on Ninth Circuit decision

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Ninth Circuit Skirts Issue of Whether Obesity is a Qualifying Disability Under the ADA

By Sonya Goodwin & Emily Burkhardt Vicente on September 5, 2019

The Ninth Circuit Court of Appeals upheld a District Court’s ruling in favor of employer Medtronic, Inc. in a lawsuit alleging Medtronic unlawfully terminated employee Jose Valtierra’s employment because he was morbidly obese, in violation of the Americans with Disabilities Act (“ADA”). In doing so, the Court declined to decide whether morbid obesity is a disability, leaving this issue unsettled in the Ninth Circuit.

Valtierra alleged that Medtronic terminated his employment because he was morbidly obese. In its Motion for Summary Judgment, Medtronic argued Valtierra’s employment was terminated for falsifying records to show he completed assignments when in fact he had not. It was undisputed that Valtierra admitted to Medtronic that he did not complete the assignments even though he entered that they were complete in the computer system.

Read the rest at Hunton Employment & Labor Perspectives

22 Aug

Gerald Sauer’s Law360 article on flawed process in music copyright suits

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Judicial Process For Music Copyright Must Be Reined In

by Gerald Sauer

Popular singers and their songwriting teams are walking around with targets on their backs. Last month, in Gray v. Perry, a Los Angeles federal jury awarded $2.8 million to Christian rapper Marcus Gray after finding that Katy Perry and her “Dark Horse” songwriting team infringed his song “Joyful Noise.” In doing so, it continued a copyright trajectory that includes theU.S. Court of Appeals for the Ninth Circuit’s 2018 “Blurred Lines” decision,Williams v. Gaye, affirming a $5 million infringement judgment against Robin Thicke and Pharrell Williams in favor of heirs to Marvin Gaye.

Read full story on Law360