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Labor & Employment Civil Procedure Civil Remedies

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Health Alert (Australia) 22 August 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 11 August 2017 - South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 - NEGLIGENCE – assessment of damages...more

An Intangible Injury Caused by a Consumer Report Is Concrete Enough, Says the Ninth Circuit

On August 15, 2017, the Ninth Circuit Court of Appeals decided Robins v. Spokeo, Inc. (No 11-56843), a case addressing the standing necessary to maintain an action in federal court that had been remanded to the court by the...more

Pennsylvania Courts Split Over Sexual Orientation Discrimination

by Tucker Arensberg, P.C. on

A recent decision by Judge Jan E. DuBois in Coleman v. Amerihealth Caritas, No. 16-3652, 2017 U.S. Dist. LEXIS 85319 (E.D. Pa. June 2, 2017) demonstrates that Pennsylvania courts remain divided as to whether Title VII of the...more

D.C. Circuit Provides Additional Support For Specialty Healthcare, Union-Friendly Micro-Units

by Benesch on

The U.S. Court of Appeals for the D.C. Circuit has sided with the National Labor Relations Board in affirming the union-friendly practice of “micro-unit” organizing. The D.C. Circuit’s opinion issued in Rhino v. NLRB is...more

Product Liability: Consumer Expectation and Risk Benefit

by Low, Ball & Lynch on

Kawika Demara, et al. v. The Raymond Corporation, et al. - California Court of Appeal, Fourth Appellate District (July 18, 2017) - Kawika Demara was a warehouse employee at the time his foot was crushed under the drive...more

Spokeo Resurfaces: Ninth Circuit Holds FCRA Plaintiff Has Standing to Sue

by Goodwin on

On August 15th, the Ninth Circuit issued its opinion in Robins v. Spokeo, finding that plaintiff Thomas Robins has standing to continue his Fair Credit Reporting Act (FCRA) suit against Spokeo, Inc. In its opinion, a...more

Déjà Vu All Over Again: The Ninth Circuit Finds Concrete Injury in Spokeo Remand

by Bryan Cave on

The U.S. Supreme Court held in its 2016 Spokeo decision that for a plaintiff to have standing to assert a claim based on a statutory violation that the plaintiff must have suffered real—and not just legal— harm. Spokeo...more

Horizontal Well Drillers Sued by EEOC For Age And Disability Discrimination In Hiring

Oklahoma Oil Drilling Company Also Made Unlawful Inquiries Into Applicants' Past Workers' Compensation Claims and Committed Other Violations, Federal Agency Charges - ST. LOUIS - Horizontal Well Drillers (HWD), an oil and...more

Purported Whistleblower Barred from Pursuing Illinois Retaliatory Discharge Claim

The Northern District of Illinois recently dismissed an Indiana-based employee’s claims for retaliatory discharge in violation of common law, focusing on the nature of the connection (or lack thereof) to Illinois and noting...more

Defending Employers’ Access to Legal Advice: Comments Filed Supporting DOL’s Rescission of Controversial Persuader Rule

August 11, 2017, was the deadline for interested parties to submit comments regarding the U.S. Department of Labor’s (DOL) proposal to formally rescind its controversial persuader rule, which was issued in 2016 under the...more

Medical Marijuana Users Can Sue Their Employers

by Murtha Cullina on

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

Recent Eighth Circuit Case Illustrates the Need for Newest Members of the NLRB to Be Confirmed Sooner Rather Than Later

In another example of a federal circuit court taking the National Labor Relations Board (NLRB) to task for stretching federal labor law past the point of recognition, the Eight Circuit Court of Appeals recently refused to...more

Successful appeal against health and safety fine in the Court of Appeal

by Dentons on

Tata Steel UK recently secured a significant reduction of a health and safety fine by appealing the fine to the Court of Appeal. It is understood to be the first successful appeal by a large company of a Crown Court judge's...more

Fifth Circuit Vacates Settlement Approval in ERISA Class Action, Remanding With Instructions to Reexamine the Legitimacy of...

by Carlton Fields on

The Fifth Circuit recently vacated a class action settlement that included unsecured and uncollateralized future payments to the plaintiffs, while providing a swift and complete payout of fees to class counsel. The case...more

Fifth Circuit Ruling Emphasizes Importance of Establishing Factual Basis for Compensating Employees Using Fluctuating Workweek...

by Jackson Walker on

On August 4, 2017, the United States Court of Appeals for the Fifth Circuit issued an opinion in Hills v. Entergy Operations, Inc., addressing what it called the “tricky” and often “perplexing” task of determining a salaried...more

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

by Jones Day on

On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

Another Employer’s Defense in Disability/Medical Marijuana Case Goes Up in Smoke

by Shipman & Goodwin LLP on

Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance. As a result there is a tension between state rights to...more

FCA Deeper Dive: FCA Retaliation Claims

by Bass, Berry & Sims PLC on

The FCA provides protections for whistleblowers in connection with their whistleblowing activities. To establish that an employer retaliated against an employee in violation of 31 U.S.C. § 3730(h), an employee must...more

EEOC Sues Verona Resort & Spa For Pregnancy and Disability Discrimination

Company Failed to Accommodate and Fired Employee Because of Pregnancy-Related Condition, Federal Agency Charges - TAMUNING, Guam - Verona Resort & Spa., a hotel resort and spa in Tamuning, violated federal law when it...more

Possible Workforce Impact from DACA and TPS Elimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The combination of the Trump Administration re-examination of grants of Temporary Protected Status to nearly 340,000 foreign nationals, and the recent threats by Texas and ten other States to challenge the...more

Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User

by Littler on

Last month, a Washington federal district court judge ordered an employer to pay a terminated employee a little over $1.8 million in damages for failing to accommodate the employee’s use of opioids that had been prescribed to...more

One Strike and You’re Out—Third Circuit Holds a Single Severe Incident Sufficient to Establish a Harassment Claim

The United States Court of Appeals for the Third Circuit held on July 14, 2017 that a single severe incident of harassment may give rise to a claim of workplace harassment in Castleberry v. STI Group, No. 16-3131 (3d Cir....more

Company’s Reaction to Claim of Unequal Pay Provides Lessons for Employers

Complaints of unequal pay should not be taken lightly, and certainly should not be met with an immediate adverse employment action. The U.S. Court of Appeals for the Eighth Circuit recently reinstated a female office worker’s...more

Tim Horton's In Romulus Sued By EEOC for Failure To Provide Religious Accommodation

Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - DETROIT - Sleneem Enterprises, LLC, a franchise operator of Tim Horton's Café and Bake Shop in Romulus, Mich., violated federal law by...more

Recent Developments Regarding Noncompete Agreements

by Payne & Fears on

There is no question that noncompete agreements in California employment contracts are generally unenforceable. Many other states, however, may enforce such agreements if they are “reasonable” in duration and geographic...more

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