News & Analysis as of

Employer Liability Issues Appeals

Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S....

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et....more

Use Of Medicinal Marijuana Not A Facially Unreasonable Accommodation Under Massachusetts Employment Discrimination Law

by DeWitt Law, LLC on

In a case that may be a precursor of things to come across the country as more and more states “legalize” the medicinal use of marijuana, in a July 17, 2017 decision in Barbuto v. Advantage Sales and Marketing, LLC, SJC...more

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

by Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

by Bennett Jones LLP on

The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

U.S. Court of Appeals Upholds MSHA’s Right to Obtain Personnel Records from Mine Operators

by Stoel Rives LLP on

On July 18, in Hopkins County Coal, LLC v. Perez, the U.S. Court of Appeals for the Sixth Circuit issued an opinion upholding two citations and an order issued to a mine operator, Hopkins County Coal, for its refusal to turn...more

Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

by Tucker Arensberg, P.C. on

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an...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

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

by Fisher Phillips on

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...more

Biometrics And “The Mark Of The Beast”: Dealing With Employee Accommodation Requests

by Fisher Phillips on

Employers are increasingly using biometric data such as facial characteristics, hand geometry, retina/iris scans, fingerprints and voiceprints in the workplace. Biometric data can be used to establish records of employee...more

Employers Litigating PAGA Actions Take Hit From California Supreme Court

by Fisher Phillips on

In a unanimous decision, the California Supreme Court ruled today that plaintiffs in lawsuits brought pursuant to the California Private Attorneys General Act (PAGA), can seek the contact information for their fellow...more

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

Attack Falsely Alleging Sandwich Maker Engaged In Unhealthy Practices Not Protected Activity Concludes Appeals Court, Overruling...

Labor disputes are passionate affairs. Workplace grievances elicit all sorts of strident behavior. When the dispute involves a group of employees, the effect can become magnified. The exact point at which the stridency of an...more

Pennsylvania Supreme Court Decision in Protz Marks Major Change in Workers’ Compensation Law

Prior to June 20, 2017, a powerful tool was available to employers and workers’ compensation carriers to cap exposure on long term workers’ compensation claims. That tool, provided by the Act 44 amendments in 1996, was...more

Key California Employment Law Cases: May 2017

by Payne & Fears on

May's key California employment law cases involve “on call” meal and rest periods, and employees working seven days a week. ...more

Remedies – Admission of Vicarious Liability not a Shield to Punitive Damages

by Low, Ball & Lynch on

CRST, Inc., et al. v. The Superior Court of Los Angeles County- Court of Appeal, Second Appellate District (May 26, 2017)- In CRST, Inc., et al. v. The Superior Court of Los Angeles County, the California Court of...more

Equipment Manufacturers: Beware of the Rental Yard Customer When Safety Features Are Optional

by Wilson Elser on

Fasolas v. Bobcat of New York Appellate Division (April 1, 2017) - A typical argument made by the plaintiffs and their experts in a design defect/ product liability case is that “Safety should never be an option.” Over...more

Workwise: Certain Earnings During Notice Period Not Considered Mitigation

by Field Law on

On May 23, 2017, the Ontario Court of Appeal upheld the decision of the Superior Court of Justice in the case of Brake v. PJ-M2R Restaurant Inc. 2016 ONSC 1795, 2017 ONCA 402, endorsing the lower court’s finding that certain...more

Key California Employment Law Cases: April 2017

by Payne & Fears on

This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more

Fourth Circuit Affirms "Mark of the Beast" Religious Discrimination Verdict

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) affirmed a $600,000 jury verdict in favor of a West Virginia coal miner who refused to use a new biometric hand scanner installed by his...more

Safety Agency Applies Federal Law To Bar Employer Safety Violation Citation - Agency’s Application of 5th Circuit Appeals Court...

by Fisher Phillips on

The federal agency that reviews OSHA safety violation cases, also known as the OSH Review Commission, recently adopted the decision of one of its Administrative Law Judges who applied 5th Circuit precedent to reject a safety...more

Valet Driver's FLSA Tip Claim Fails

by Fisher Phillips on

In a welcome decision for employers, the Eleventh Circuit U.S. Court of Appeals (having jurisdiction over Alabama, Florida, and Georgia) recently ruled that a tipped employee for whom no federal Fair Labor Standards Act "tip...more

Louisiana Court Rejects Landman’s Whistleblower Claim Based on Finding That He Was an Independent Contractor

A recent Louisiana Court of Appeal decision held that an oil and gas landman did not have a claim under the Louisiana environmental whistleblower statute, which protects employees from retaliation for reporting environmental...more

Choice-of-Law and Choice-of-Forum May Depend on the Choice of Where to File and When: Multi-State Employers Continue to Face...

by Fisher Phillips on

Employers who operate in a multi-state environment should take note of a recent case out of the Sixth Circuit (which governs employers that operate in Kentucky, Michigan, Ohio, and Tennessee.) Stone Surgical, LLC v. Stryker...more

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