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Employer Liability Issues Administrative Remedies

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

Goldberg Segalla on

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Benesch

NLRB Expands Remedies to Address Repeat Offenders

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The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee...more

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

NLRB Opens Door to Additional Remedies for Repeated Labor Violations

On April 20, 2023, the National Labor Relations Board (NLRB) imposed a host of expanded remedies against an employer that allegedly committed a number of repeated labor law violations in the context of collective bargaining....more

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

NLRB Expands Make-Whole Remedy to Include ‘Direct or Foreseeable’ Damages

Fulfilling a top priority for National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo’s activist agenda, on December 13, 2022, the Board issued a decision that expands, arguably beyond statutory limits, the...more

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

Eleventh Circuit Finds That Postal Worker’s Failure to Amend EEOC Charge Spells End to Discrimination Suit

​​​​​​​On October 3, 2022, the United States Court of Appeals for the Eleventh Circuit held in Ellison v. Postmaster General, United States Postal Service that a plaintiff bringing a claim for retaliation failed to exhaust...more

Littler

NLRB General Counsel Continues Push for Extraordinary Remedies

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On June 23, 2022, National Labor Relations Board General Counsel Jennifer Abruzzo released Memorandum GC 22-06, relating to her efforts “to secure full remedies” in settlements with the Board.  This follows on her prior...more

Payne & Fears

Key California Employment Law Cases: September 2021

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Chamber of Commerce v. Bonta, No. 20-15291, 2021 WL 4187860 (9th Cir. Sep. 15, 2021) - Summary: The FAA does not preempt Labor Code section 432.6’s prohibition of mandatory employment arbitration agreements, but does...more

Obermayer Rebmann Maxwell & Hippel LLP

The NLRB and Congress Move to Protect Union Organizing and Employees through Enhanced Remedies for Both and Increased Penalties...

On September 8, 2021, National Labor Relations Board (“NLRB”) General Counsel Jennifer Abruzzo created quite a stir when she issued a memorandum (GC 21-06) (“Memo”) bearing the subject line “Seeking Full Remedies.” The Memo...more

Jones Day

New Ohio Law Modifies the Legal Requirements for State Employment Discrimination Claims

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The Ohio Employment Law Uniformity Act ("Act") took effect on April 15, 2021, streamlining Ohio law and aligning it with federal law in the area of employment discrimination claims in various respects. A summary of the key...more

Payne & Fears

Key California Employment Law Cases: March 2021

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Clark v. Superior Court., No. D077711, 2021 WL 1050057 (Cal. Ct. App. Mar. 19, 2021) - Summary: Employee exhausted her administrative remedies despite failing to identify her employer’s proper legal name in her DFEH...more

Fisher Phillips

Ohio Employers Need To Prepare For Welcomed New Discrimination Law Process

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Ohio Governor Mike DeWine recently signed the Employment Law Uniformity Act into law, which will soon eliminate many administrative burdens and uncertainties for employers and human resources professionals while still...more

Littler

New Virginia Wage and Hour and Pregnancy Discrimination/Accommodation Laws Effective July 1, 2020 Significantly Expand Employees’...

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Businesses of all sizes have, understandably, been consumed by how to address the numerous pressing issues that the COVID-19 pandemic has wrought.  As a result, it can be easy to lose sight of the dramatic changes to Virginia...more

Bradley Arant Boult Cummings LLP

Case of the Big Bus Driver: Seventh Circuit Joins Other Circuits in Rejecting Obesity, without Other Physiological Condition, as...

Obesity has been recognized as a disease by the American Medical Association, National Institutes of Health, and the World Health Organization. Does that mean obesity qualifies as a physical impairment under the Americans...more

Polsinelli

Think Outside the Box: District Court Reminds Employers to Carefully Review EEOC Charges

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Recently, the U.S. District Court for the Southern District of Alabama issued a decision reminding employers to take care when reviewing and responding to charges of discrimination....more

Seyfarth Shaw LLP

District Court Clarifies That “Disability” Requiring Workplace Accommodation Does Not Entitle Plaintiff to Disability Benefits

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Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more

Seyfarth Shaw LLP

Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

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Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more

BakerHostetler

Raising the Stakes: National Labor Relations Board Expands Remedies for Labor Law Violations

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The price of poker just went up for employers facing unfair labor practice charges before the National Labor Relations Board (NLRB, or Board). On October 24, 2014, the NLRB asserted that it had broad authority to order...more

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

Don’t Wait Until Trial Is Over to Raise Objection As to Court’s Jurisdiction, Says California Court

Kim v. Konad USA Distribution, No. G048443 (June 12, 2014): In a recent decision, the California Court of Appeal held that an employer that waited until a trial ended to raise an objection about exhausting administrative...more

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