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Daughter’s Facebook Post Leads to Costly Breach by Father of a Confidentiality Clause in His Settlement Agreement With Former...

A recent decision by a Florida appeals court, Gulliver Schools, Inc. v. Snay, stands as a stark reminder of the perils of trying to maintain confidentiality in the age of social media where news can travel faster than the...more

Fourth Circuit Affirms Sanctions Against the EEOC In Action Fraught with Delays

Many employers who have dealt with the EEOC in large cases suffer frustration over inexplicable delays combined with at times unreasonable requests for information and/or relief. In a recent case from the Fourth Circuit, that...more

Civil Rights Attorney's Fees - Qualifying as a Prevailing Party Offers No Guarantees

With the enactment of the Civil Rights Attorney's Fees Awards Act of 1976, a court may allow a prevailing party in a section 1983 civil rights lawsuit to recover reasonable attorney's fees as part of the award. One of the...more

(Not) April Fools Day – Changes To The Canada Labour Federal Code Effective April 1, 2014

For those federally regulated employers that are governed by the Canada Labour Federal Code (the “Federal Code”), there are some substantive changes coming of which you should take note....more

California Court of Appeal Holds Employer Cannot Shorten Statute of Limitation on California Discrimination and Retaliation Claims

Can employers enter into binding agreements with employees to shorten the statute of limitations on discrimination and other employment claims? A California Court of Appeal decision answered that question with a resounding...more

New ‘Digest of EEO Law’ Issued by EEOC

Quarterly Edition Includes Variety of Key Federal Sector Decisions - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the latest edition of its federal sector Digest of Equal...more

March 2014 California Employment Law Notes

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more

California Employment Law Notes - March 2014

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed - Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was...more

Employer's quick action bars racial harassment claim

Recently, a federal circuit court of appeals overturned a six-figure jury award in a case alleging racial harassment that involved talk of lynching and thinly veiled references to the Ku Klux Klan. Here’s another example of...more

Court Holds Dodd-Frank Whistleblower Has No Right to Jury Trial

In an apparent case of first impression, a federal district judge in Atlanta has ruled that whistleblowers claiming retaliation under the Dodd-Frank Wall Street Financial Reform and Consumer Protection Act of 2010 are not...more

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

Corporations Must Describe Employee Duties in Detail to Show Employee is not a “Managing Agent” in Order to Sustain Evidentiary...

A female employee experienced difficulty with the availability and unsanitary conditions of portable toilets at a job site. After she was fired, the woman sued alleging violations of the Fair Employment and Housing Act...more

Fenwick Employment Brief - September 2013

As mentioned in last month’s FEB, California recently enacted a new law clarifying that a plaintiff alleging sexual harassment is not required to show that the alleged harassment was motivated by sexual desire. Governor Jerry...more

Knecht v. City of Cincinnati, et al.

Order Rejecting Report & Recommendation

Order issued from the United States District Court for the Southern District of Ohio, Western Division, rejecting the Report & Recommendation and remanding the case to the Magistrate Judge for further consideration. The...more

Fee Caps Do Not Apply to Prisoners Defending Judgment on Appeal

In Woods v. Carey the Ninth Circuit Court of Appeals decided a case on the recovery of attorney fees in the context of a prisoner defending a judgment on appeal....more

EEOC Hit With Sanctions For Frivolous Claims

Last week the Associated Press reported that the EEOC was sanctioned by a US District Court judge for $4.7million dollars. ...more

International Employment Law Review - August 2013 - Issue 4: An Overview of Labor and Employment in England and Wales

Fees in Employment Tribunals - In an effort to shift the burden of tribunal costs away from the taxpayer and to the parties using the service, the Employment Tribunals and the Employment Appeals Tribunal Fees Order...more

Knecht v. City of CIncinnati, Ohio, et al.

Objections to Report and Recommendation

Magistrate Stephanie Bowman of the United States District Court for the Southern District of Ohio, Western Division, submits a Report and Recommendation to have this civil rights action dismissed. On the wrong...more

Supreme Court Decision Will Help Employers Defend Title VII Retaliation Claims

Supreme Court Decision Will Help Employers Defend Title VII Retaliation Claims by Christine M. Vanek on July 30, 2013 At the end of its term, the U.S. Supreme Court issued a highly anticipated employment law decision...more

Important Changes to UK Employment Law Take Effect

New Employment Tribunal rules, new provisions on pre-termination negotiations, and changes regarding collective redundancy consultation apply from 29 July. On 29 July, key changes to UK employment law came into force....more

NJ Supreme Court Clarifies Employee “Protected Activity”

The ruling provides guidance as to what employee conduct is protected under the antiretaliation provisions of two key state laws. On July 17, the Supreme Court of New Jersey issued a decision in Battaglia v. United...more

Courts Must Show Their Work When Calculating Attorney Fee

In Barnard v. Theobald the Ninth Circuit Court of Appeals ruled that the district court abused its discretion when it reduced the amount of attorney’s fee by 40 percent without explaining why a 40 percent reduction is...more

Legal Alert: New Jersey Supreme Court Eases Employee Retaliation Claims

Right after the U.S. Supreme Court issued decisions favoring employers in a variety of employee lawsuits based on federal statutes, including retaliation under Title VII, the New Jersey Supreme Court has moved that state in...more

Punitive Damages Not Available Under Cook County Human Rights Ordinance

The Illinois Supreme Court recently held that the Cook County Commission On Human Relations (the “Commission”) acted beyond the scope of its authority when it awarded punitive damages to a prevailing complainant in connection...more

The Best Defense You’ve Never Heard Of – The Federal Enclave Doctrine Restricts Wrongful Termination Remedies

The relatively obscure Federal Enclave Doctrine is potentially a powerful arrow in the quiver of defense counsel, where the tortious act complained of occurred on federal land. In the context of employment-related claims, the...more

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