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Compensatory Damages Employer Liability Issues

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Fisher Phillips

Medical Spa Loses $300K After Botched Workplace Investigation: 5 Tips for Employers Investigating Potential Criminal Activity or...

Fisher Phillips on

Two vials of Botox went missing at a medical spa, and the employer had a hunch that a new employee had stolen them. After the police got involved, the employee was arrested and indicted for felony theft by a grand jury, but...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Jury Awards Hospital System Employees $100 Million in Damages for Time Clock Rounding, Meal Break Violations

On April 18, 2024, a jury in Seattle, Washington, determined that a not-for-profit hospital system employer would be required to pay nearly $100 million for time clock rounding and meal period violations, raising concerns for...more

McGlinchey Stafford

Workplace Retaliation: Court Slashes $366M Jury Verdict

McGlinchey Stafford on

This significant workplace retaliation case, Harris v. FedEx, underscores the critical importance of conducting thorough investigations into any allegations of discrimination or harassment by employees. Thorough documentation...more

Husch Blackwell LLP

Congress Considers Raising or Eliminating the Statutory Caps on Damages for Claims Brought Under Title VII and the ADA

Husch Blackwell LLP on

Democrats and Republicans within the House Committee on Education and the Workforce have recently expressed bipartisan interest in raising or eliminating the statutory caps on damages for claims brought under Title VII and...more

ArentFox Schiff

DC Will Have New Pay Transparency and Wage History Requirements

ArentFox Schiff on

On January 12, Washington, DC, Mayor Muriel Bowser signed into law the Wage Transparency Omnibus Amendment Act of 2023. The Act amends the DC Wage Transparency Act of 2014 and is scheduled to go into effect on June 30,...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2024

Fisher Phillips on

It’s never easy to make accurate predictions about what we’ll see in the workplace in the coming year, especially given the recent volatility we’ve experienced and expect for the foreseeable future. Despite the ever-present...more

Venable LLP

There’s a New Remedy in Town: NLRB Adds Consequential Damages as a Remedy for Unfair Labor Practices

Venable LLP on

On December 13, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or the Board) added consequential damages as a “make-whole” remedy for unfair labor practices, expanding the relief available to workers....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Virgin Islands Supreme Court Affirms Compensatory Damages Award to Former Employee Claiming Age Discrimination

On December 5, 2022, the Supreme Court of the Virgin Islands upheld a 2019 jury verdict, which found that Caribbean airline LIAT (1974), Ltd., had discharged its former area manager, William Cherubin, because of his age in...more

Holland & Knight LLP

NLRB Expands Standard Remedies Available to Victims of Unfair Labor Practices

Holland & Knight LLP on

In Thryv, Inc., 372 NLRB No. 22 (2022), the National Labor Relations Board (NLRB or Board) held that to best effectuate the purposes of the National Labor Relations Act (NLRA), the standard make-whole remedy must compensate...more

Miller Canfield

NLRB Issues Twin Rulings Expanding the Scope of 'Make-Whole' Remedies and Easing Union Organizing Burdens

Miller Canfield on

​​​​​​​On December 13, 2022, the National Labor Relations Board (NLRB) expanded the remedies that may be awarded in unfair labor practice cases. The board ruled 3-2 that affected employees may recover compensation for "all...more

Parker Poe Adams & Bernstein LLP

NLRB to Award Compensatory Damages for Labor Law Violations

During 2022, there has been a considerable uptick in labor activity, including high profile organizing efforts at Amazon, Starbucks, and other nationwide employers. Inevitably, these efforts result in claims from unions that...more

Proskauer - California Employment Law

L.A. Jury Delivers Mother of All Verdicts – $464 Million to Two Employees!

As we have previously reported, jury verdicts in employment cases have continued to skyrocket in recent months, and there is no sign they are leveling off. Late last week, a Los Angeles Superior Court jury awarded a total of...more

Proskauer - California Employment Law

Judge Reduces $137 Million Race Harassment Verdict Against Tesla to $15 Million

A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. On April 13, 2022, the judge granted Tesla’s motion for a reduction in the amount of damages in part...more

Proskauer - California Employment Law

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Weighs in on ADA’s ‘Single Integrated Employer’ Test and Reckless Indifference Standard for Punitive Damages

In Burnett v. Ocean Properties, Ltd., et al., the First Circuit Court of Appeals upheld a jury verdict for the plaintiff in his failure to accommodate claim under the Americans with Disabilities Act (ADA) and the Maine Human...more

Fisher Phillips

Pinterest’s Former Chief Operating Officer Levies Claims Of Gender Bias Against Company

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Former Pinterest Chief Operating Officer and top ranking female executive Françoise Brougher just filed a 17-page complaint in San Francisco Superior Court against Pinterest alleging a toxic work environment that allowed...more

Smith Anderson

Federal Court Ruling Limits Punitive Damages Awards for Sexual Harassment

Smith Anderson on

Punitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put...more

Seyfarth Shaw LLP

New York Federal Court Approves Employees’ $1.8 Million Slice In EEOC “Onionhead” Religion Discrimination Lawsuit

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Seyfarth Synopsis:  In an EEOC-initiated religious discrimination suit involving an employer’s alleged imposition of “Onionhead” religious practices, a federal district court in New York recently denied the employer’s motion...more

Bradley Arant Boult Cummings LLP

Unpaid Interns and a Lunch Order Gone Bad: Jury Returns FLSA Retaliation Verdict Against Martina McBride’s Production Company

A February 2020 jury verdict against county music star Martina McBride’s production company highlights – albeit indirectly – the perils of unpaid internship programs and the issues they can cause under the Fair Labor...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Yale New Haven Hospital for Age and Disability Discrimination

Hospital Unlawfully Subjected Only Physicians Over 70 to Neuropsychological and Eye Exams, Federal Agency Charges - NEW HAVEN - Yale New Haven Hospital, the teaching hospital of the Yale School of Medicine, violated...more

U.S. Equal Employment Opportunity Commission...

BLI Northwest & Successor Harris Pacific Northwest to Pay $100,000 and Provide Other Relief to Settle EEOC Disability...

Certified Rigger Fired Due to Epilepsy, Federal Agency Charged - SEATTLE - Bellingham, Wash.-based BLI Northwest, Inc., formerly doing business as Diamond B Constructors, Inc. and its successor, Harris Pacific Northwest,...more

U.S. Equal Employment Opportunity Commission...

M&T Bank Will Pay $100,000 to Settle EEOC Disability Discrimination Lawsuit

Bank Failed to Accommodate Manager With Pregnancy-Related Disability, Federal Agency Charged - BALTIMORE - Manufacturers and Traders Trust Company, doing business as M&T Bank, will pay $100,000 and provide significant...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

Littler on

The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Black Forest Décor for Disability Discrimination

Home Décor Business Fired Warehouse Employee for Taking Unpaid Leave It Forced Her to Use, Federal Agency Charges - LOUIS - Black Forest Décor, LLC violated federal law when it forced a worker with a disability at its...more

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