Jay Holland Discusses The Complexities of Ninth Circuit Ruling with Law360

The Ninth Circuit Court of Appeals recently ruled that employers cannot pay female employees less than their male coworkers for the same work, based on their salaries from their previous positions. The decision overturns a ruling made last year, by a smaller panel of Ninth Circuit judges.

Jay Holland recently sat down with Law 360 to weigh in on the controversy surrounding the new decision. While some argue that this will be beneficial in closing the wage gap, others point out that many women will have lower previous salaries due to the existing wage gap. “Does this mean that this rule of general application only applies in some antiseptic review of a stack of resumes?” Holland asked. “Most hirings involve some form of individual negotiation, so it’s confusing.”

To read the article in full click the link below.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Gray Area In 9th Circ. Pay Ruling Has Some Experts Puzzled – Law360[2] copy

Jay Holland presents on the False Claims Act at National Disability Law Symposium

Jay Holland was honored to present at the prestigious 2018 Jacobus tenBroek Disability Law Symposium in Baltimore, Maryland on March 22, 2018.

In his presentation, Jay addressed the intersection between disability rights law and Qui Tam cases under the False Claims Act, and how disability rights advocates can use the powerful tool of the False Claims Act in disability related cases.  Jay not only addressed the basics of the law, but the nuances as well, and how disability cases can often involve claims of Medicare and Medicaid fraud by unscrupulous health care providers. There was a very lively exchange and robust questions from the attendees.

The symposium drew disability rights advocates from all parts of the country. The day consisted of plenary sessions and workshops provided an opportunity for attendees to examine subjects such as law enforcement and disability, discrimination against employees with disabilities and disparities in healthcare for minorities. These session were presented by distinguished law professors, practitioners and advocates. Mark Riccobono, president of the National Federation of the Blind, presented a keynote address during the symposium.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Jay Holland sits down with the Society For Human Resource Management (SHRM) to discuss ageism in the IBM workplace

Unfortunately, it’s not unusual to hear a story about an older employee being replaced by a younger employee who will do the same job for a fraction of the cost. What may come as a surprise, though, are IBM’s unusual strategies taken with its employees and its company as a whole. Older workers have been laid off, disclosures have stopped, WARN Act notices have stopped with plant closures and telecommuting has ended within the IBM workplace. Some think these actions could result in successful age discrimination cases against IBM.

JGL attorney Jay Holland recently sat down with the Society for Human Resource Management (SHRM) to discuss some of these workplace changes at IBM, and weigh in on the recent allegations that IBM had violated the Age Discrimination in Employment Act. According to Holland, IBM is using “whatever tools might be available in the toolbox to minimize its legal exposure and avoid negative publicity associated with larger-scale layoffs,” he said. The article discusses several strategies IBM is using to avoid having to provide notices under the Older Workers’ Protection Act, and the WARN Act. Regarding the use of these tools, Holland says, “It remains to be seen if the strategy will be legally sustainable.”

As chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice, Holland is a frequent lecturer and writer on labor, employment law, and False Claims Act cases and is often called upon to present to bar associations and other organizations. He co-chairs the Employment Law Section of the Prince George’s County Bar Association and is active in the Employment Law sections of the Maryland State Bar Association and American Bar Association. He also on the Executive Board of the Qui Tam Section of the Federal Bar Association.

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Has IBM Violated the ADEA

David Bulitt, Tim Maloney and Steve Vinick present at Advanced Litigation symposium

Joseph Greenwald & Laake attorneys David Bulitt, Tim Maloney and Steve Vinick served as guest panelists at the Montgomery County Bar Association annual Advanced Litigation Strategies Symposium. The symposium, which took place on March 2, gave intermediate and advanced litigators the opportunity to learn trial preparation skills that will give them an extra edge in the courtroom.

David presented “Let’s Make a Deal: The Art and Science of Settling a Case – Family.” Tim and Steve presented “How to Increase or Decrease Your Damages By Working With Your Expert – Civil.”

David Bulitt is a family lawyer, and JGL’s Assistant Managing Director. For years, David has been included amongst the DC area’s top divorce lawyers and is a published fiction author. Tim Maloney is a preeminent trial lawyer who has obtained millions of dollars in recoveries for his clients in a wide variety of matters, including civil rights and employment discrimination. Steve Vinick has over 20 years of experience representing clients in matters including medical malpractice, personal injury and criminal defense.

Jay Holland Quoted On Recent Second Circuit Title VII Decision

Jay Holland spoke to Law360, regarding the recent decision by the Second Circuit Court regarding Title VII. The court’s decision sided with the U.S. Equal Employment Opportunity Commission, stating that workplace sexual orientation bias falls under Title VII, which prohibits workplace discrimination and rejects anti-gay bias. As this is a nationwide issue, many experts believe this case will end up in the Supreme Court. Law360 reviews 4 takeaways from this situation including Jay Holland’s perspective on the “split Federal Government” as “very, very rare.”

As a principal in Joseph, Greenwald & Laake’s Civil Litigation Group and chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice, Holland has years of experience litigating workplace discrimination cases. He has obtained favorable results for government and private-sector employees, in severe sexual harassment and retaliation cases. Outside of the courtroom, Holland is a frequent lecturer and writer and is often called upon to present to bar associations and other organizations.

To read the article in full click on the following link below: https://www.law360.com/articles/1016780/4-takeaways-from-2nd-circ-ruling-rejecting-anti-gay-bias

JGL Principal Jay Holland Shares His Perspective of the #MeToo Movement and How it Impacts Corporate HR Practices with Corporate Counsel.

Jay Holland, Joseph Greenwald & Laake principal attorney, spoke to Corporate Counsel how the #MeToo movement impacts human resources departments in companies nationwide. With a growing focus on how companies handle sexual harassment cases, it is important for companies to have a communications strategy for when employees are terminated or leave their place of work. “The inclination both culturally and legally for companies was historically not to publicize reasons for employees or executives leaving the company,” Jay shares. But has this all changed now? For the full article, click on the link below.

Jay Holland is a principal in the firm’s Civil Litigation Group, and is the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Jay Holland discusses the connection between technology and sexual harassment

Jay Holland, Joseph Greenwald & Laake principal attorney, spoke to the National Law Journal about a story regarding workplace technology playing a larger role in harassment. The story, based on an article by the Financial Times, discussed employees being more connected in the workplace through social media, messaging apps and shared calendars. These connections present greater opportunities for workplace harassment. For the full article, click the image below.

Jay Holland is a principal in the firm’s Civil Litigation Group, and is the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Jay Holland discusses emoji usage with Workforce Magazine

Jay Holland was recently featured in the January cover story for Workforce Magazine discussing emoji use in business and sexual harassment in the workplace. This is an increasingly important issue as professional communication becomes more informal.

Holland cites many possible issues of emojis, including their ability to be easily misinterpreted. Although they are images, emojis are not universal. Holland explains that what may be a positive emoji in our culture, can be interpreted as offensive in another.

Regarding sexual harassment cases, Holland acknowledges that emojis can be used as evidence in a lawsuit. “If a harasser is regularly using emojis and upping their game, so to speak, from smileys to hearts to kissy faces, that’s evidence of workplace hostility,” Holland explains. To combat this, Holland suggests that employers create preventative policies and that they treat any violations seriously.

Jay Holland is a principal in our Civil Litigation Group and chair of the firm’s Labor, Employment, and Qui Tam Whistleblower practice. He is a renowned litigator known for taking on tough cases and achieving exceptional results. Outside of the courtroom, Holland is a frequent lecturer and writer on labor, employment law, and False Claims Act cases and is often called upon to present to bar associations and other organizations.

Workforce Magazine is a multimedia publication that covers the intersection of people, management and business strategy. Their articles cover a variety of topics from management principles, to legal issues and workplace culture.

To learn more about the issues of emoji usage, and to read the article in full, click the image below.

Jay Holland speaks at annual employment law conference

Joseph Greenwald & Laake principal attorney Jay Holland participated in a panel discussion with retired Court of Appeals Judge Harrell and retired Court of Special Appeals Judge Salmon during the Maryland Employment Lawyers Association Conference on Dec. 1. The conference took place at the Greenbelt Marriott Hotel in Greenbelt, Maryland.

The event’s focus was on presenting familiar employment law topics from the perspective of the bench, and it gave attendees the opportunity to mingle with fellow employment law practitioners. Aside from the panel, the lineup included both state and federal judges, as well as other participating jurists.

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

Jay Holland speaks to Law360 regarding recent firing of NBC’s Matt Lauer for sexual misconduct allegations

Joseph Greenwald & Laake principal Jay Holland commented on a story about NBC’s recent firing of Matt Lauer on November 29 for Law360. Lauer, the former co-host of The Today Show, was fired after the network received allegations of workplace sexual misconduct on November 27.

The company’s actions came before these allegations were made public, making NBC one of the first companies to take this type of swift, preemptive action following allegations of this type. Jay spoke to Brandon Campbell about the accusations and about whether this type of swift action will be something that more companies do moving forward.

In the article, Jay said that Lauer’s firing is “notable for its apparent swiftness,” and that NBC “appears to be raising the bar for employers as it relates to swiftness of action.” However, Jay also noted reports that NBC “may have known about the allegations for quite some time.”

Jay Holland is a principal in JGL’s Civil Litigation Group, and the chair of the firm’s Labor, Employment and Qui Tam Whistleblower practice. He is a renowned employment and qui tam litigator known for taking on tough cases and achieving exceptional results.

To read the article in full, click the image below.