News & Analysis as of

Employer Liability Issues Appeals

Court Of Appeal Provides Further Guidance For Data Controllers On Handling Subject Access Requests

by Dentons on

In the first April edition of our employment law round-up we considered the Court of Appeal's decision in Dawson–Damer v. Taylor Wessing LLP [2017] EWCA Civ 74, which (amongst other things) concerned the relevance of an...more

When Is Harassment Not Harassment? Guidance From The EAT

by Dentons on

In the case of Baker v. Peninsula Business Service Limited [2017] UKEAT/0241/16, the EAT confirmed that an individual cannot succeed in a claim for disability harassment, unless they first prove that they have that protected...more

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

Wisconsin Court Holds Discharging Employee Because of Misconduct Caused by Disability Can Be Discrimination

The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e.,...more

Employment Law - March 2017 #2

Continuing Violation Doctrine Keeps Title VII Suit Alive - Why it matters - The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims...more

Employees Paid on a Commission Basis Must Be Paid a Separate Minimum Wage for Rest Periods

by Bass, Berry & Sims PLC on

Employers who pay employees commissions should evaluate their compensation schemes to ensure compliance with California law in light of the California Court of Appeals’ recent ruling in Vaquero, et al. v. Stoneledge...more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides...more

The D.C. Circuit Vacates NLRB Ruling on Driver Status in FedEx Case

by Genova Burns LLC on

In early March 2017, the D.C. Circuit in FedEx Home Delivery v. NLRB, 2017 U.S. App. LEXIS 3826 (D.C. Cir. 2017) vacated a National Labor Relations Board (“NLRB” or “the Board”) ruling that Connecticut FedEx drivers...more

Workwise: Don't Skimp on Statutory Minimums: Drafting an Enforceable Termination Clause

by Field Law on

The recent decision of the Court of Appeal for Ontario in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158 (Wood), once again highlights that employers must be very careful when it comes to drafting termination clauses as a...more

US: Guns at Work: The Implications of the Fifth Circuit’s Recent Decision in Swindol v. Aurora Flight Sciences Corporation

by Dentons on

The US Court of Appeals for the Fifth Circuit’s recent decision in Swindol v. Aurora Flight Sciences Corporation casts new doubt on the enforceability of employer policies prohibiting employees from carrying firearms onto...more

Second Circuit Rejects Employee’s Trypanophobia Claim

by Shipman & Goodwin LLP on

You don’t need to look for a needle in a haystack to figure out this latest case from the Second Circuit. But you do need to know what “trypanophobia” is....more

Is Disloyalty Its Own Reward?

May a disloyal employee keep the compensation his employer paid him, even while he was betraying his employer’s trust? In a recent case, the Connecticut Supreme Court said “yes, at least in some circumstances.” Here’s the...more

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more

Eleventh Circuit Rules that Title VII Does Not Prohibit Sexual Orientation Discrimination

by Rumberger Kirk & Caldwell on

On March 10, 2017, a three-judge panel of the U.S. Eleventh Circuit Court of Appeals held in Evans v. Georgia Regional Hospital that Title VII does not prohibit discrimination on the basis of sexual orientation. Accordingly,...more

New Jersey Appellate Division Refuses to Deduct Unemployment Benefits from Employee’s Verdict in Discrimination Suit

by Saul Ewing LLP on

In a published decision issued March 6, 2017, the New Jersey Appellate Division held that a trial judge erred by reducing an employee-plaintiff’s back pay award in light of his receipt of unemployment compensation benefits....more

NJ Court Rules That Unemployment Benefits Do Not Offset Back Pay Awards

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New Jersey’s Appellate Division determined that an award of unemployment compensation benefits will not offset an award of back pay in cases brought under the New Jersey Law Against Discrimination. ...more

California Appellate Court Rules that - Like Piece Rate Workers - Employees Paid Commissions Are Entitled to Separate Rest Break...

by Snell & Wilmer on

A California appellate court ruled on February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, that employees paid on a commission basis must be separately compensated for legally required rest breaks if their wages are...more

California Court of Appeal Expands Law on Separate Rest Break Payments

by Morgan Lewis on

Employees who are paid solely on commission must receive separate compensation for rest breaks. On February 28, the California Court of Appeal ruled in Vaquero v. Stoneledge Furniture, LLC that employees who are paid...more

FedEx Succeeds Again On Appeal of an NLRB Ruling on Independent Contractor Misclassification

by Pepper Hamilton LLP on

In the past 2-1/2 years, FedEx has suffered through some appellate court setbacks in the area of independent contractor misclassification, beginning with a decision by the U.S. Court of Appeals for the Ninth Circuit in San...more

“Going and Coming Rule”: Employer Not Liable For Accident Caused By Employee On Commute Home Where Employee Had Option To Take Bus...

In Gail M. Lynn, et al. v. Tatitlek Support Services, Inc., et al., 2017 WL 696008, published February 24, 2017, the California Court of Appeal, Fourth District, affirmed the trial court’s granting of summary judgment in...more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

by Fisher Phillips on

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Circuit Court is asked to Overturn NLRB’s Decision Allowing Surreptitious Workplace Recordings

Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all...more

St. Louis Minimum Wage Ordinance Valid, Missouri High Court Rules

by Jackson Lewis P.C. on

A unanimous Missouri Supreme Court has upheld St. Louis City’s local minimum wage ordinance, reversing a trial court judgment that had enjoined and invalidated the ordinance in 2015. Cooperative Home Care, Inc. v. City of St....more

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

Holiday pay includes commission (still)

by Dentons on

Given the high numbers of potential holiday pay claims that British Gas has waiting in the wings it is unsurprising that following its loss at the Court of Appeal British Gas tried to appeal the decision to the Supreme Court....more

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