The horrific murder of George Floyd by government police officers was a violation of every human rights law and principle in the world. US Constitution Fourteenth Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. […]
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European Convention on Human Rights
The “European Convention on Human Rights” sets forth a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, […]
New York Convention
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) Article I 1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising […]
Implied contracts (California)
Contracts can be created by the conduct of the parties, without spoken or written words. Contracts created by conduct are just as valid as contracts formed with words. Conduct will create a contract if the conduct of both parties is intentional and each knows, or has reason to know, that the other party will interpret […]
What is a lock-up period?
Lockup agreements prohibit company insiders—including employees, their friends and family, and venture capitalists—from selling their shares for a set period of time. In other words, the shares are “locked up.” Before a company goes public, the company and its underwriter typically enter into a lockup agreement to ensure that shares owned by these insiders don’t […]
Sexual harassment
Quid Pro Quo The essence of the quid pro quo theory of sexual harassment is that an individual “relies upon his apparent or actual authority [in order] to extort sexual consideration from an employee.” Henson v. City of Dundee, 682 F.2d 897, 910 (11th Cir.1982). The courts have stated that quid pro quo sexual harassment […]
FMLA retaliation (Colorado)
To state a prima facie case of FMLA retaliation (circumstantial), an employee must show that: (1) he engaged in a protected activity [taking FMLA leave]; (2) the employer took an action that a reasonable employee would have found materially adverse; and (3) there exists a causal connection between the protected activity and the adverse action. […]
California vacation pay
California Labor Code §227.3: Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such […]
Retaliation for opposing discrimination
Title VII and the FEHA prohibit employers from retaliating against employees for engaging in certain protected activities. See 42 U.S.C. §§ 2000e-2(a), 2000e-3. Title VII claims are governed by the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802 (1973). Under this framework, the plaintiff bears the initial burden of demonstrating […]
What’s an RSU?
Restricted Stock Units are unsecured, unfunded promises to pay cash or stock in the future and are considered nonqualified deferred compensation subject to IRC §§ 3121(v)(2), 451 and 409A. Typically, one Restricted Stock Unit represents one share of actual stock. Restricted Stock Units generally are not taxable at grant if they meet the requirements of, […]