A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Annual Labor & Employment Update 2013
NYC Gifted Programs Should Rely on 'Math,' Lawyer Says
Coyle: Robert's SCOTUS Doesn't Respect Congress
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: Adjacent Development Rights and Objections
Viewer's Guide to Gay Marriage Oral Arguments
Weekly Brief: Are Scholarships a Bait-and-Switch For Law Students?
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Weekly Brief: DOJ Memo Details Justification For Killing US Citizens
Same-Sex Marriage Cases in 90 Seconds
Obama Campaign's Top Lawyer: There Is No Voter Fraud: Video
#NBCfail: Twitter, the Olympics, Guy Adams & Justin Bieber
SCOTUS Stands By Citizens United Decision In Montana Campaign Finance Case
Attorney: Arizona Can't Implement Immigration Law Without Racial Profiling
Supreme Court Decision Could Spur New Immigration Laws
Evolving Free Speech Legislation Threatens the Rights of Property Owners
Free Speech and Shopping Malls: Resources to Help Landlords and Property Owners Stay Compliant
After a string of recent cases in which the agency has been forced to pay employer attorneys’ fees for bringing frivolous claims, the most recent zinger came from the Sixth Circuit last week in EEOC v. Kaplan Higher Education...more
We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more
In 1998, the U.S. Supreme Court created a defense for employers accused of permitting a supervisor to engage in unlawful sexual harassment of an employee. In two seminal cases, the Court held that an employer is not...more
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
Over the last couple years, the EEOC has been taking aim at companies that use credit checks as part of the application process, arguing that excluding applicants based on credit checks has a disparate impact on minority...more
In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more
Employers involved in litigation under Title VII and related federal civil rights laws understand that a prevailing plaintiff is entitled to collect his or her attorneys’ fees. These employers may not be aware that in more...more
In an important ruling on March 4, the Supreme Court expanded the whistleblower protections outlined in the Sarbanes-Oxley Act (SOX). Originally only applied to whistleblowers at public companies, the Justices decided in a...more
The Issue: A terminated employee makes a claim against the employer for damages. The company says it fired him for stealing from the company. He says it was in retaliation for reporting law violations by the employer (that...more
The Issue: My company is not publicly traded, but provides services to companies that are. Do Sarbanes-Oxley whistleblower protections extend to our employees?
The Solution: Yes.
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
Employers often use waivers and releases of claims in agreements with former employees, either as part of a separation agreement at the time employment ends or in a settlement agreement after a former employee has raised...more
On March 28, 2014, the OFCCP withdrew its jurisdictional Complaint against Florida Hospital of Orlando after several years of litigation. OFCCP alleged it had jurisdiction to conduct an audit because the Hospital...more
The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more
The U.S. District Court for the Eastern District of Virginia ruled in September 2013 that Mike Elder proffered sufficient evidence to continue with his False Claims Act action against DRS Technologies, Inc. (DRS)....more
PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit -
Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth...more
In a ground-breaking decision, on March 4, 2014, the United States Supreme Court held in Lawson v. FMR LLC, 571 U.S. __ Case 12-3 (Mar. 4, 2014), that §1514A of the Sarbanes-Oxley Act of 2002 provides a right of action for...more
Two recent decisions interpreting the Sarbanes-Oxley Act have significantly expanded the protections available for federal whistleblowers and increase the potential liability for public companies and private companies that...more
Castagna v. Luceno, No. 13-0796-CV (2d Cir. Mar. 5, 2014): In a case of first impression, the Second Circuit Court of Appeals joined the Seventh and Ninth Circuits, and a majority of district courts, holding that filing...more
On March 28, 2014, the Ninth Circuit strengthened its Federal Aviation Act (the “Act”) preemption jurisprudence, holding that state law claims for retaliation and constructive termination are preempted under the Act when they...more
Pattie Walsh, Location Head of our London office, comments: In July 2013, in the spirit of allowing employers to engage in more open and frank conversations with their employees, the Government introduced a new regime of...more
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
A decision by a federal court in Oklahoma City reminds employers that when terminating an employee for a legitimate business reason, an employer does not need to sweeten the pot with additional reasons for termination –...more
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
The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 directed the SEC to establish a “bounty program” for certain individuals who voluntarily provide the SEC with original information that leads to successful...more
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