News & Analysis as of September 22, 2024

Employee Handbooks › Appeals

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

Fifth Circuit Opens the Door for Growing Discrimination Claims

Rumberger | Kirk on 11/30/2023

A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

Attendance Policies, ADA May Be In EEOC's Crosshairs

Bradley Arant Boult Cummings LLP on 6/14/2023

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

Michigan Court of Appeals Decision Cautions Need for Review of Arbitration Agreements in Employee Handbooks

Miller Canfield on 8/3/2022

On June 23, 2022, the Michigan Court of Appeals ruled that an arbitration agreement contained in a personnel manual was not enforceable because the associated disclaimer indicated that the manual did not create a...more

Sixth Circuit Extends Ban of Contractually Shortened Limitations Periods to ADA and ADEA Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/4/2021

The U.S. Court of Appeals for the Sixth Circuit, the appellate court responsible for the federal district courts of Michigan, Ohio, Kentucky, and Tennessee, recently made clear that claims asserted under the Americans with...more

Key California Employment Law Cases: August 2020

Payne & Fears on 9/22/2020

Robinson v. Southern Counties Oil Co, 53 Cal. App. 5th 476 (2020) - Summary: Res judicata bars a PAGA claim when the employer has already settled a separate PAGA claim covering the same claims and time period. An...more

Oregon Upholds Meal-Break Compliance

Schwabe, Williamson & Wyatt PC on 11/19/2019

On Thursday, November 14, 2019, the Oregon Court of Appeals released its decision in Maza v. Waterford Operations, LLC, 300 Or App 471 (2019), that clarified Oregon employers’ obligation to ensure that non-exempt employees...more

Puerto Rico Supreme Court Holds that an Employee’s Felony Indictment Constitutes Just Cause for Termination

Littler on 5/8/2019

The Puerto Rico Supreme Court (PRSC) recently held that that a felony indictment constitutes just cause for termination under Puerto Rico’s Unjust Dismissal statute, Act No. 80 of May 30, 1976 (Act 80)....more

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

Proskauer - Labor Relations Update on 2/27/2019

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

Jackson Walker on 10/31/2018

Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....more

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Bradley Arant Boult Cummings LLP on 9/13/2018

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

Parker Poe Adams & Bernstein LLP on 8/1/2018

Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

Sheppard Mullin Richter & Hampton LLP on 4/27/2018

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 1/9/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

Employee privacy and monitoring

Dechert LLP on 9/14/2017

The Grand Chamber of the European Court of Human Rights (ECtHR) held in Barbulescu v Romania (Application no. 61496/08) last week that there was a breach of the right to privacy where an employer searched the contents of an...more

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/7/2017

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Another Federal Appeals Court Rejects Workplace Recording Bans

Fisher Phillips on 8/21/2017

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Federal Court Reverses NLRB “Positive Work Environment” Handbook Decision

Ruder Ware on 8/2/2017

The National Labor Relations Board (NLRB) created controversy a couple of years ago when it ruled that handbook policies maintained by T-Mobile USA requiring employees to maintain a positive work environment were illegal...more

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

Proskauer - Minding Your Business on 6/13/2017

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does...more

"No Contract" Disclaimer in Employee Handbook Upheld by Illinois Court

Roetzel & Andress on 11/21/2016

Employee handbooks have long been a trap for the unwary employer that desires merely to establish a set of rules and policies without undermining an at-will employment relationship with its employees. To avoid establishing...more

Recent Cases Signal Shifting Tides in Employment Arbitration

Greenberg Glusker LLP on 9/12/2016

Many employers enter into arbitration agreements with their employees to expedite resolution and mitigate the risk of jury trials. For the most part, a proper arbitration agreement would have the effect of requiring both the...more

Differences in Public Policy Can Affect Claims of Wrongful Discharge

Pullman & Comley - Labor, Employment and... on 9/12/2016

Most jurisdictions, including Connecticut, recognize a tort of “wrongful discharge” as an exception to the principle of employment at will. Although employment at will generally allows either the employer or the employee to...more

Lessons in dealing with an “equal opportunity” harasser

McAfee & Taft on 8/18/2016

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Arbitration Plan Contained in Employee Handbook Enforceable? Not Without Savings Clause, Fifth Circuit Says

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/19/2016

In Nelson v. Watch House International, L.L.C., (No. 15-10531), the Fifth Circuit Court of Appeals reversed a district court decision dismissing an employee’s lawsuit against his employer and compelling arbitration. The Fifth...more

NJ Employers May Need to Revisit Arbitration Clauses Following Appellate Division Ruling

Genova Burns LLC on 1/27/2016

On January 7, 2016, the New Jersey Appellate Division found that an arbitration provision contained in an Employee Handbook was unenforceable. This decision is of critical importance to New Jersey employers when it comes to...more

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Employee Handbooks › Appeals

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